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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant, along with his female living together in the D market in Yongnam-gun C, operates a plastic finite shop and a street shop to sell plastic finites and vegetables, and the victim E (V, 64 years old) operates a street shop in the D market.
around 2013, the Defendant ordered five parts of the Defendant’s heat, but the Defendant had sold five parts of the heat to others who are not the victim, so the Defendant did not have good appraisal with the victim.
On September 30, 2014, at around 16:37, the Defendant: (a) brought about fluencing 3 kg of the victim’s Manc in front of the Yong-gun, Yong-gun; (b) while she brought about a dispute with the victim, the Defendant, by hand, extracted her head debt of the victim and continued to her head debt of the victim, and extracted her head seat (one hundred and fifty-five cm in length, approximately 3.5 cm in diameter) dangerous in the soracin in which her head was located, thereby causing injury to the victim, such as brain merc in detail where there is no open address for three weeks of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A written diagnosis of injury;
1. Application of Acts and subordinate statutes on site photographs of violence cases in the D market;
1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);
1. Grounds for sentencing under Article 62(1) of the Criminal Act (including the following grounds for sentencing)
1. Determination of types of crimes: Type 1: Habitual injury, repeated injury, and special injury:
2. Determination of the scope of sentence: Reduction area, one year and six months from June to two years (a person who is a person subject to special mitigation shall not be subject to punishment);
3. The decision of sentence and suspension of execution are recognized and against the defendant's mistake;