Text
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
On June 15, 2018, at around 22:00, the Defendant loaded a vehicle in the direction of the eastwest-gu Incheon, Incheon, in the direction of the west-west, tin, and emitted non-carbon firearms (40cm in width, 25cm in length, 25cm in length) that are dangerous objects to the victim C (n, kn, kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of the Acts and subordinate statutes certifying seizure and the protocol of seizure;
1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than five years;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment], violent crimes, assault crimes, and Type 6 (Special Violence) (the scope of the recommended punishment]: Imprisonment with prison labor for six months from June to October (the basic area);
3. Determination of sentence: One year of imprisonment with prison labor, two years of suspended sentence, the Defendant’s crime of this case is the use of the non-carbon firearms, which are dangerous objects, and the nature of the crime is not good. The non-carbon emitted from the non-carbon firearms is difficult to predict the small size, speed, and rapid, if the size of the non-carbon firearms is difficult, it is likely that the damaged person would incur injury during the crime of this case, and even though the shock caused by the crime of this case might be high, it is necessary to strictly punish the Defendant.
However, the defendant recognized the crime of this case and reflects his mistake in depth, and even if it was committed, it did not reach the result of the victim's injury because it was not launched as a dangerous part of bomb, and the defendant was to agree with the victim.