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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On March 31, 2015, when the defendant was on the back seat of Dsi operated by C (60 years of age) around 01:30 on March 31, 2015, the defendant continued to take a bath for the victim around 2nd of the fire fighting complex in Gangseo-gu Seoul Metropolitan Government, and the victim who was unable to attend was not able to stop the defendant, was able to twice the number of back water of the victim by hand, and the victim was able to take the eye of the victim by drinking back back to the back water of the victim, and thereby, the victim was injured by the victim who was on operation due to the injury incurred in the snow of the treatment days by the snow.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to C by the police;
1. A report on dispatch to the scene of violence incidents;
1. Application of statutes on photographs of damage;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;
1. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., factors considered as favorable sentencing for the following reasons):
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;
2. The scope of applicable sentences according to the sentencing guidelines (determination of types), the group of violent crimes, assault crimes, driver's bodily injury (type 4) (the scope of recommended sentences) / the minor injury (type 2 and 4) caused by violence (the scope of recommended sentences) / imprisonment for one year and six months to two years (the minimum sentence shall be determined by the statutory applicable sentencing range: Provided, That the minimum sentence shall be determined by the applicable sentencing range);
3. Although the Defendant had been convicted of violence, etc. several times, he/she again went to commit the instant crime, etc., who is disadvantageous to the Defendant.
However, the sentencing factors favorable to the defendant are the fact that the degree of injury of the victim caused by the crime of this case is not so large, that the health of the defendant is not good, and that the defendant does not want the punishment of the defendant by agreement with the victim, etc. The above sentencing factors are the sentencing factors favorable to the defendant. The above sentencing factors take into account the age, character, character, environment