A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

At around 21:40 on November 30, 2012, the Defendant requested the alcohol value from the victim D (Inn, 49 years of age) who is an employee at the Gangwon-gu C entertainment tavern, Yangyang-gu, Yangyang-gu, and the Defendant was in short cash, and the Defendant was demanded from the victim again to “if there is no money, at the container,” so that the victim’s neck is cut off by hand, and the victim resisted against the victim, and 2 bed by the victim, which is a dangerous object on the defective table, and the victim resisted against the victim, and caused the injury to the victim, such as thale, spathy, and spathy, requiring a medical treatment for about 20 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Imprisonment with prison labor for not less than one year and not more than six months but not more than 15 years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] [the scope of sentence]] the scope of the recommended sentence according to the sentencing guidelines for habitual injury, repeated injury, special injury [the scope of sentence of recommendation] [the scope of sentence of recommendation]] 2 to 4 years [the principal area of the suspended sentence] positive elements: no record of criminal punishment [the grounds for general participation in the suspended sentence] positive elements: no effort to recover damage is made; no effort to recover damage is made - the criteria for the suspended sentence and the recommendation of the sentenced sentence are all not satisfied. Thus, the above reasons should be comprehensively compared and evaluated. 3. The decision of the sentenced sentence was not agreed with the victim until now, and the victim did not have any effort to recover damage.