Text
A defendant shall be punished by imprisonment for one year.
except that 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
At around 22:20 on February 8, 2020, the Defendant left the victim D (51 years of age, 51) who is a de facto marriage spouse in the C cafeteria located in Chuncheon City B, and the head of the victim, which is a dangerous object, once the head of the victim, was able to identify the number of days of treatment, and the head and face side of the victim cannot be identified.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of a report on dispatch to the scene of a violent incident, and statutes governing site photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of punishment by law: One to ten years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the minimum limit of the applicable sentencing type is set according to the law).
3. Determination of sentence: (a) Unfavorable circumstances, such as the fact that the defendant has the same criminal records as that of the defendant; (b) the defendant appears to be against his/her wrong recognition; (c) favorable circumstances, such as the victim’s wish not to be punished; and (d) other factors of sentencing specified in the records and arguments of this case, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c)