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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 of the final judgment.
Reasons
Punishment of the crime
On March 6, 2014, at around 23:15, the Defendant laid the hands of the victim who tried to set a knife a knife with the victim D (the 43 years of age) who had had the Defendant in the drinking house and had the Defendant first knife his house, on the ground that the victim had a knife and flife his knife his arms, and tried to set the knife his arms to the arms of the victim.
As a result, the Defendant carried a kitchen with a deadly weapon, and inflicted injury on the victim, such as a 2.0 square meters of resin, a refluence, and a refluence of heart resin, which require about 8 weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police suspect interrogation protocol against the accused;
1. Statement made by the police on D;
1. A medical certificate;
1. Application of statutes on site photographs;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The Defendant’s crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to probation and community service order is an injury that requires a victim’s medical treatment for about eight weeks by cutting the victim’s fingers, and the nature of the crime is not very good. In light of the above, the Defendant’s corresponding punishment is inevitable.
However, in full view of the following circumstances: (a) the Defendant has agreed with the victim that the victim would not be punished by the Defendant; (b) the Defendant has no record of crime against the Defendant; and (c) other circumstances, such as the Defendant’s age, character and conduct, environment, circumstances leading to the instant crime; and (d) circumstances after the instant crime, etc., one year and six months through six months from the date of recommendation according to the sentencing guidelines, among habitual injury, repeated injury, repeated injury, and special injury, which are the recommended type of imprisonment.