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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
피고인은 2013. 6. 3. 23:00경 안산시 단원구 C아파트 103동 906호에 있는 사촌누나 D의 남편인 피해자 E(42세)의 집 현관에서, 피해자가 평소 D을 폭행하는 것에 대하여 말다툼을 하다가 화가 나 위 C아파트 103동 906호 앞 복도에서 손으로 피해자의 목을 밀고, 발로 피해자의 배를 5-6회 정도 걷어찼다.
Afterward, the Defendant, from the stairs No. 103, 906, the above C Apartment 103, 906, caused the victim's left side knife, which is a deadly weapon (30ccm in total length) that the victim had been in possession of the Defendant's right part at his hand, to put about about 6-7 times the victim's left side buckbucks to the left side, and caused about 3 weeks of treatment to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the interrogation of suspects of E;
1. Seizure records;
1. Application of Acts and subordinate statutes of a medical 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the defendant reflects the fact that the defendant is the defendant, and the circumstances, etc. of the crime in this case);
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that the defendant has no past record of punishment before being punished and that he/she has agreed with the victim smoothly);
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;