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A defendant shall be punished by imprisonment for one year.
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
Around 05:30 on August 9, 2018, the Defendant told the victim D to the effect that "the people living in a soup room are human race" at a soup smoking room located in Gangwon-gun B, Gangwon-do. On August 9, 2018, on the ground that there is a difference in the quality of fraud, which is a dangerous object in a smoking room, the victim's left side of the victim's back one time, and the victim suffered approximately two weeks of treatment on the part of drinking.
Summary of Evidence
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to each photograph and diagnostic document;
1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: One to ten years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).
3. The Defendant, who was sentenced to a sentence, prices the victim with the margin of the fraudulent material, which is a dangerous thing.
In light of the contents and methods of crime, the quality of crime is not good.
However, considering the fact that the defendant recognized the crime at the stage of investigation, the victim is a human race and brought about the crime in a timely manner, and there is no record of punishment heavier than a fine for violent crime, etc. In addition, considering the defendant's age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, including the following circumstances.