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A defendant shall be punished by imprisonment for two years.
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
At around 01:30 on September 8, 2015, the Defendant: (a) at the house of the victim D (the 43 years old); (b) around 01:30 on the ground that the wall that the Defendant asked to sell to the victim during drinking together with the victim was in dispute with TV size; and (c) the victim was in the house, and (d) on the ground that it was the victim’s house, the Defendant collected an empty small-scale disease, which is a dangerous object on the floor, and laid down one time the head part of the victim’s body, which is a dangerous object, and sustained three times the head part of the victim’s body, which is the main part of the victim’s body, and caused the victim’s injury, such as an open head room, the treatment period of which cannot be known to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the prosecutor in relation to D;
1. Images of each photograph;
1. Application of Acts and subordinate statutes on medical records;
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 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, such as probation, community service order and order to attend lectures;
1. Type 1 (Habitual Injury, Bodi Bodily Injury and Special Bodily Injury) (Special Bodily Injury): Reduction element of punishment (a person who has been specially punished) reduction element of punishment (a decision on the recommended area), reduction area of punishment (a decision on the recommended area), period of one year and six months to two years and six months;
2. The decision of the sentence was made by the defendant using dangerous articles to commit the crime, committed the crime during the period of probation, and committed the criminal records due to violent crimes, which are disadvantageous to the defendant.
However, the fact that the defendant recognized a mistake, the fact that he/she had committed a contingent crime while drinking together with the victim who was in the same way as he/she did so, the fact that he/she paid money to the victim and agreed to do so smoothly, and the defendant was under the Malao surgery on June 2015, and thereafter he/she was under the Malaam surgery.