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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
At around 15:30 on July 13, 2013, the Defendant: (a) at the inside of the E company house where the victim D (n, 48 years of age) located in Namwon-si, the Defendant: (b) had no help to see in person from the victim; (c) then threatened the victim with “as soon as possible,” the Defendant: (a) hearing the horses; (d) rancing the telephone operator and the chair in which he was living; and (e) pushing the victim; and (e) breaking the victim, then gathering the glass victim, which is a dangerous object on his book (a 25cm, 27cm in length, 37cm in length), with the victim’s head head, and hick.”
As a result, the defendant carried dangerous objects with the victim about about 10 days of medical treatment, and threatened the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. A medical certificate;
1. Application of Acts and subordinate statutes to report internal investigation;
1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 257 (1) of the Criminal Act (the occupation of inflicting bodily injury on a dangerous object); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 283 (1) of the Criminal Act (the occupation of threatening to carry dangerous articles);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of punishment by sentence: Imprisonment for not less than one year and six months to 22 months;
2. Scope of sentence recommended according to the sentencing criteria; and
A. Crimes in violation of the Punishment of Violences, etc. Act [Crimes] (Crime of Crimes), Violence Crimes, Habitual Injury, Bodily Injury, Special Bodily Injury, and Type 1 [Special Mitigation] mitigated area (Determination of the scope of imprisonment] mitigated area (one year and six months to two years).