Text
A defendant shall be punished by imprisonment for six 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, the Defendant: (a) in E-cafeteria located in Suwon-si, the E-cafeteria located in D on April 21, 2015; (b) in the course of drinking alcohol together with the victim F (the age of 41); (c) in the process of drinking alcohol, the Defendant fluencing the victim’s left side by fluoring the victim’s hand; (d) knife (the length of 30cm) and fluoring the victim, and assaulted the victim, such as knifeing the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police protocol of statement to F;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Six months to fifteen years; and
2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] the group of violent crimes-special assault [the scope of the recommended sentence] mitigated area (six months of imprisonment (revision by the lower limit of the punishment by law), one year and two months]: A person not subject to punishment;
3. The decision of sentence shall be made in the same way as the order concerned within the scope of recommendation, taking into account the fact that the accused in the decision of sentence is divided, that the accused has agreed smoothly with the victim, and that the accused's penal power, etc.