Text
A defendant shall be punished by imprisonment for not less than eight 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
Around 15:50 on August 29, 2018, the Defendant talked about the issue of the victim D (the age of 61) who operated the said restaurant under the influence of alcohol at the “C” located in Fagpo City B, and the Defendant saw that the Defendant “n't drink, Syn, Synife, Synife, Synife,” the Defendant saw that “N's drinking in the above restaurant was “N's fagnife, Synife, Synife,” caused the Defendant to remove the wall on the wall, which is a prone, a dangerous object on the table, and caused the victim’s loss to the left hand.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of on-site photographs and Acts and subordinate statutes concerning damaged parts;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
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 under law: Six to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).
3. Determination of sentence: 8 months of imprisonment with prison labor and 2 years of suspended sentence (the extent of damage to the victim is insignificant and the agreement is reached smoothly with the victim);