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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On May 19, 2019, at around 00:40, the Defendant performed drinking together with the victim B(50 years of age) in Gangdong-gu Seoul, Gangdong-gu, Seoul, on the ground that the victim took counter-end with the victim, he collected 500cc beer c beer, which is a dangerous object on the table, and cut the head of the victim one time, and continued to set the back the back head of the victim two times with the left hand.
As a result, the defendant carried dangerous objects and carried them for about two weeks to give medical treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. On the spot, photographs of damage, and photographs of damaged parts;
1. A criminal investigation report (CCTV image verification);
1. Application of Acts and subordinate statutes of a medical certificate;
1. Articles 258-2 and 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Probation under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation (the scope of liability for compensation is not clear);
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and
3. In light of the fact that the crime of this case committed by the Defendant was committed by assaulting the victim, such as taking the victim’s head, etc. on the ground that the victim, while drinking alcohol together, etc., and the crime of this case was committed by the victim. In light of the fact that the nature of the crime is considerably inappropriate in light of the circumstances of the crime, the criminal records of the crime committed by the Defendant, which was punished by a fine as the previous injury crime, and the criminal records of the crime, which was punished by a fine as the crime of injury, other crimes, have been committed by punishment, etc., the Defendant should be punished with strict punishment.