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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
Around July 2, 2014, when the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, the Defendant sent the victim E (the age of 31) to the Defendant’s pro-friendly arrest F on the grounds that the victim was “I had no contact until now, she was aware of the death,” and the weather “I had expressed a variety of desire to be called.” The Defendant sent the victim’s head one time to the Defendant, who is a dangerous object on the customer’s back, and her head was flick-gu’s head at the entrance before the entrance of the said “Dju”, she flick-gu and flick face four times in both hands and flick-gu face, and the victim took two-time treatment for two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. A written diagnosis of injury (E);
1. Application of Acts and subordinate statutes on site photographs and CCTV photographs;
1. Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;
1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for the mitigation of mental illness and injury (a person with mental disability caused by drinking);
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a point agreed with the victim, etc.);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Although, in light of the motive and circumstance of the instant crime for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, and the risk of the method of the crime, it is not less than that of the instant crime, the Defendant did not have the same criminal records except that sentenced to a fine in around 2003, and the Defendant committed the instant crime contingently at the end of a minor time on the ground that, in a state of mental disorder caused by drinking, the age of the victim was 1, but the victim was humiliated, even though he was humiliated due to drinking, the Defendant was damaged by the victim, not with much emphasis on the degree of damage caused by the victim, and the victim was punished by agreement with the victim through criminal conciliation at the investigation stage.