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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
On May 5, 2020, the Defendant: (a) around 23:10, at the “C” restaurant located in Seodaemun-si B, and around 23:10, the Defendant: (b) sent the front face of the victim to an empty small-scale illness, which is a dangerous object that the victim D (Nam and 49 years of age) did not want to hear on the ground that he or she does not want to do so; and (c) brought about a string and a string of the snow area in need of approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the police report of injury to D's statement, report of internal death (on-site photographs), and report of internal death (on-site visit, etc.);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act, the suspension of execution under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount;
1. Scope of punishment by law: Six months to five years;
2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], imprisonment for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range in law is inconsistent with the applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for a period of eight months, a two-year defendant who has taken the face of a victim who is sworn as a major soldier, who is a dangerous thing;
Considering the part and degree of the victim's injury, it is an act that may cause serious harm to the victim's body, which may cause serious harm to the victim.
However, considering the fact that the defendant expressed his intention not to be punished by the defendant by mutual consent with the victim, the defendant's age and behavior environment, relationship with the victim, motive means of the crime, results of the crime, circumstances after the crime, etc., comprehensive consideration of all the sentencing conditions of the arguments in this case and the records.