Text
1. The punishment of the accused shall be four months of imprisonment;
2. Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final;
Reasons
Punishment of the crime
On December 13, 2016, the Defendant, at a permanent residence B around 21:30 on December 13, 2016, had a dispute with the drinking price problem while drinking together with the victim D (45 years) who is a workplace partner at C’s home, and assaulted the victim, who was fluencing, “Ce gue Mara, Native Mara,” and flucing the beer’s disease, which is a dangerous object, on the head of the victimized person.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D or E;
1. Written statements of D;
1. Reporting on the arrest of a case;
1. Application of Acts and subordinate statutes on internal investigation reports and accompanying materials;
1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Recommendations type on the sentencing criteria;
(a) Determination of types: Violence, assault, and six types (Habitual, repeated, and special assault);
(b) Special sentencing factors: The punishment is not to be mitigated.
(c) Determination of the recommended territory: Reduction territory;
(d) Scope of recommendations: Imprisonment with prison labor for a period of four months to one year and two months.
2. Determination of sentence of this case is that the nature of the crime in light of its circumstances, methods, etc.
Despite the fact that there are many kinds of criminal records, the Defendant committed the instant crime. This is an unfavorable circumstance to the Defendant.
The Defendant led to confession and reflect on the crime of this case.
A injured person does not want to be punished by the defendant under the original agreement with the defendant.
This is the circumstances favorable to the defendant.
In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.