Text
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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 September 2, 2014, at around 03:15, the Defendant, while drinking alcohol together within the Defendant’s residence in Bupyeong-gu, Seocheon-si C, was under the influence of alcohol, was fluording beer’s disease on the floor, and the Defendant continued to be blicking, which is a dangerous thing on the victim’s room, and was inflicted an injury on the victim’s treatment days, such as the victim’s shocking the horses, and the occurrence of alcohol.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. Application of the investigation report and Acts and subordinate statutes governing the scene of damage;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The defendant and his/her defense counsel's assertion on the suspended execution under Article 62 (1) of the Criminal Act (the same as the grounds for discretionary mitigation) asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime.
According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the above assertion is rejected.
Reasons for sentencing
1. The scope of the recommendation [decision of a type] the sentencing criteria for violent crimes, the criteria for repeated injury, repeated injury, special injury (type 1): mitigated factors: In cases where there is a considerable responsibility for the occurrence of crimes or the expansion of damage to the victim, and where there is a considerable responsibility for the occurrence of crimes or the expansion of damage to the victim (the scope of recommending punishment], from June to June of one year and two years and six months (compliance with the lower limit of the punishment and the applicable sentence);
2. Determination of sentence: One and half years of imprisonment with prison labor, and two years of suspended sentence, the defendant inflicted an injury on the defendant using beer disease, which is a dangerous object, and the liability for the crime is not easy;
However, the defendant's mistake.