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Defendants shall be punished by imprisonment for ten months.
However, each of the above penalties shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
(b) Relevant legal provisions;
(a) Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (the choice of imprisonment with prison labor);
B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (elective of imprisonment) and Article 136(1) of the Criminal Act (elective of imprisonment)
1. Aggravation of concurrent crimes (Defendant B) the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act for the suspension of execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of each community service order [the scope of recommended punishment]
1. Persons subject to special mitigation or aggravation of aggravated punishment ( April - 6) in the basic area of Category A (General Bodily Injury) / In the case of committing a crime by carrying out articles not to punish or carrying dangerous articles;
2. The defendant B;
(a) A person who has been sentenced to special mitigation sentencing (two months - one year) in the mitigated area (two months - one year): No person who has been sentenced to punishment;
B. The sentencing factors for special mitigation in the mitigated area of Class 1 (Interference with the performance of official duties and coercion of duties) is limited to the extent of assault? In case the degree of assault is minor, it should be criticized that Defendant A used violence, such as the price of the victim's head in a health format, which is a dangerous object in which many people regard Defendant A, but it should be criticized that Defendant has committed a crime. However, the Defendant is in profoundly against Defendant's recognition of a crime; Defendant agreed with the victim and did not want to be punished; Defendant did not want to be punished; Defendant's age and sentencing conditions are considered; Defendant's age and all kinds of sentencing conditions are considered; Defendant B, with respect to Defendant B, the head of the victim was fighting and the victim was denied, and Defendant A's self-defense cannot be justified in light of the following reasons.