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A defendant shall be punished by imprisonment for six 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 March 1, 2019, at around 01:45, the Defendant took a bath under the influence of alcohol in the C Public Notice Board located in Seocho-gu Seoul, Seoul, and the victim D (the age of 47) did not participate in the Defendant’s act and stated to the Defendant that “When he dices alcohol, she will be injured by the competent police by entering the room, why she would be damaged by others.” However, the Defendant saw the victim as “packer, dys, and a one-time reporter shall go through,” and saw the victim’s flick.
After being placed, it brought about a knife (27 cm in total length, 17 cm in length) which is dangerous things in the kitchen of the Gosiwon and brought about the victim's knife as "packer, killed and dead," and put the victim's knife as they are.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each written statement of D and E;
1. Photographs of seized articles;
1. Application of the Acts and subordinate statutes to a report on investigation (related to the confirmation of CCTV from the Cpublic announcement), and to photographe CCTV images;
1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes [type 6] and the basic area that there is no repeated crime, special violence (special person in appearance] (the scope of recommending area and recommendation], and April through January 10.
3. According to the Supreme Court’s sentencing decision, comprehensively taking account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, living environment, motive and means of crime, and circumstances after crime, the sentence is determined as ordered within the scope of the recommended sentencing guidelines of the Sentencing Committee.
Unfavorable circumstances: The nature of crimes is not good in light of the circumstances of crimes and the risk of the method of crime.
The defendant has committed the same crime several times.