Text
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
At around 13:00 on August 23, 2015, the Defendant: (a) faced with the house of the victim D(55 years of age) in Gyeonggi-si, Macheon-si; (b) sought a pipe (118cc in length) which is a dangerous object in the Defendant’s house; and (c) purchased the victim’s head and clothes with the above Bape, thereby causing injury to the victim, such as double and right 7, and 8, which require approximately four weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written diagnosis of injury;
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. The defense counsel's argument regarding the defense counsel's argument under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation states that the defendant was in a state of mental or physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to each of the above evidence, even though the defendant was found to have drunk at the time of the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions.
Therefore, the defense counsel's above assertion is not accepted.
The reason for sentencing [Scope of Recommendation] In the case of habitual injury, repeated injury, and special injury (Habitual Injury, Bodi Bodi Bodi Bodily Injury), mitigation area (1 year and June 2), mitigation area (1 year and June 1, 200), punishment non-wons (including serious efforts to recover damage), or considerable partial damage (2 years and June 18, 2014) (a decision of sentence] imprisonment with prison labor and June 1, 2014, the defendant was indicted for the fact that he/she had inflicted serious bodily injury to the inner rupture in the face of the victim of this case on October 22, 2014, and again committed the crime of this case without being aware of the fact that he/she had been sentenced to six months of imprisonment with prison labor at the District Court of the Republic of Korea on October 22, 2014, and one year of suspended sentence, even if he/she had been sentenced to the suspension of execution, and the victim