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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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 2, 2015, at around 21:57, the Defendant expressed the victim E (the age of 52) “C” at the main point of the trade name “D” located in Sungsung-gun, Masung-gun.
Therefore, the above victim blicked the beer with the victim's breath with the beer, and blacked the victim's blick with the knife (21.5 cm in knife length) which is a dangerous object in the beer, and knife the part of the knife with the knife, thereby causing the victim's injury on the part of the head.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to F and E by the police;
1. Police seizure records and police list;
1. Filing reports and the application of the Acts and subordinate statutes governing investigation reports;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Reduction elements of Category 1 (Habitual Injury, Bodi Bodily Injury) (Special Bodily Injury): Where the victim is fully responsible for the occurrence of a crime or the expansion of damage even if the victim is also responsible for the occurrence of a crime or for the expansion of damage, or where damage has been recovered from considerable part of the punishment (including efforts to recover damage), the scope of recommendation [decision on the area of recommendation] special mitigation area (decision on the area of recommendation] : September to February 6;
2. Whether or not the suspension of execution - Where a person commits a crime under the threat of a negative group or multiple force, or commits a crime with a deadly weapon or other dangerous articles - The major reasons for such a crime: positive punishment not for punishment (including a serious effort to recover damage) - The reasons for general participation: A person who has been sentenced to a suspended sentence of imprisonment or more on at least two occasions on a negative basis - The positive social relation is clearly serious.
3. The price of the parts of the head of a normal violent crime which is disadvantageous to the decision of the sentence of punishment has been calculated by taking three dangerous articles.