Text
A defendant shall be punished by imprisonment for not less than eight 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
On May 13, 2012, at around 00:36, the Defendant: (a) expressed that the Defendant attempted to sing at the Kimhae-si C, but failed to singing due to micro trouble, and (b) expressed that the Defendant “sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing to sing
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of the photographic Acts and subordinate statutes;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Sentencing criteria;
(a) Scope of recommending punishment, 03 assault crimes, six types (special assault), and areas to be mitigated: Imprisonment with prison labor for April and one year and two months: Reduction factors (where the degree of assault is minor): Reduction factors (limited to serious reflects); Reduction factors (limited to cases where the degree of assault is minor);
(b) Grounds for major reference as to whether to suspend the execution: positive (where the attitude of committing a crime is insignificant). Reasons for general reference: positive (indecent reflect);
2. The defendant shall be punished by imprisonment with prison labor for up to eight months within the scope of discretionary mitigation, taking into account all the above circumstances of the decision on the punishment, the scope of recommendations according to the sentencing guidelines, the fact that there are children to support the defendant, and the execution thereof shall be suspended for two years.
Provided, That in order to prevent recidivism, a defendant shall be placed on probation.