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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
Punishment of the crime
On April 21, 2015, around 04:54, the Defendant assaulted the victim in a way that the victim D, who had previously been drinking together in the Busan Jin-gu C2 level, flaps, flabs, flabs, and flabs the victim’s head by hand, and flabs, which are dangerous objects, flabs the victim’s head flabs.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the photographic Acts and subordinate statutes;
1. Articles 3 (1) and 2 (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes, and Article 260 (1) of the Criminal Act (the point of violence by using dangerous articles);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Crimes of Types 6 (Habitual Offense, Habitual Offense, Special Violence) and the basic area (6 to 10 months) of the Social Service Act / [6-10 months] and the scope of sentencing comparison with recommended sentences: One year to 1 year / 10 months [decision of sentence] are crimes committed by assault in consideration of the head of the victim's disease, which is a dangerous object, and the law of the crime is very dangerous.
However, the fact that the defendant is the time of committing a crime, the defendant seems to have committed a crime by contingent, the fact that the defendant has no record of committing a crime other than having been sentenced once as a violent crime, the motive and age of the defendant, the defendant's age, the relationship between the defendant and the victim, the victim's intent to punish the defendant, etc., and the sentencing guidelines determined by the Supreme Court's Sentencing Committee, shall be taken into account, and the lower limit of the recommended sentencing guidelines shall be determined in consideration of the above favorable sentencing factors, and the punishment shall be determined like the order.