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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
The Defendant is a person who works from "D Saria" on the first floor of the building underground of the Yongsan-gu Busan Metropolitan City, Manyang-si, as an employee, and the victim E (the age of 68) is a person who operates a e-mail in the same e-mail.
At around 21:50 on January 04, 2013, the Defendant used a knife (33.5cm in total length, 20.5cm in knife, knife, knife, knife, knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife’s knife) and knife’s knife’s left part and left part of the knife’s knife’s knife’s knife’s knife’s kn’s knife).
Summary of Evidence
1. Defendant's legal statement;
1. A protocol concerning the suspect examination of the accused;
1. Statement of the police statement of E;
1. A written statement;
1. Application of Acts and subordinate statutes to on-site photographs, kniff photographs, and body photographs of victims;
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 ( considered favorable circumstances among the grounds for the punishment by discretionary mitigation);
1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);
1. In light of the fact that the defendant, for the reason of sentencing in Article 62-2 of the Probation Criminal Act, committed the injury of this case against the victim on the grounds of his minor negligence, and had the record of being sentenced to a fine several times prior to the above crime, although the nature of the crime of the defendant is not weak, the fact that the defendant is divided by mistake, that the defendant agreed with the victim, that the defendant committed the above crime by an agreement with the victim, that the victim committed the crime by drinking, that the victim's blood transfusion after the crime was committed, and transferred the victim to the hospital, and that the defendant transferred the victim to the hospital.