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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 three years from the date of the final judgment.
Reasons
Punishment of the crime
On February 13, 2014, at around 01:00, the Defendant broken off an empty beer, which is a dangerous object on a table, on the ground that the victim E (n, 49 years of age) who is the main store at three Domine Domine Domine Domine, was not in two different types.
In order to prevent this, the defendant was trying to wear a shouldered beer disease and to have a face of the victim faces, and the victim's left hand, who suffered a loss, has reached a single knife.
As a result, the defendant put the victim into the left-hand side of the need for treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. E prosecutorial statement;
1. A medical certificate;
1. Application of Acts and subordinate statutes to the site and photographs of damaged parts;
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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);
1. According to the sentencing guidelines for sentencing under Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to one year and six months to two years (the recommendation of mitigation area of “special injury” (the recognition of exemption area of punishment as a special mitigation element)). The defendant’s crime of this case is likely to have a high risk in the method of crime, and thus, is not good to the nature of the crime, and has a record of being sentenced to a fine due to violent crimes, taking into account the defendant’s unfavorable sentencing factors.
However, it shall be considered as the sentencing factors favorable to the defendant that the defendant reflects, that the victim does not want the punishment of the defendant, and that there is no criminal records more than imprisonment without prison labor.
Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.