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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 March 21, 2016, the Defendant: (a) around 21:55, at the residence of the victim D (57 years of age) located in Nam-gu Incheon Metropolitan City, on the ground that the neighboring victim frequently spited or frightened in front of the Defendant and his family members; (b) the kitchen gate ( approximately 27.5cm in the blade length, approximately 40cm in the total length), which is a dangerous thing in the Defendant’s house, is found in the victim’s house, and sees the kitchen knick in his hand; (c) the victim saws the above kitchen knick in his hand; and (d) the victim saw the sound “I spit spit spit sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat.”
Accordingly, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as dynasium of verte in need of medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Statement to E by the police;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to seized articles, documentary evidence, photographs, etc., diagnostic records, sculptures, criminal records, etc.;
1. Articles 258-2 and 257 (1) of the Criminal Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing Article 62-2 of the Criminal Act on the grounds of sentencing is that the Defendant committed the instant crime under the influence of brining the victim, who is the neighboring party, in front of the family of the Defendant.
In 198, the Defendant did not have the record of being punished as an act of violence except for the punishment of a fine by an act of violence (the Defendant did not have the right to institute an indictment in 2012, each time of suspension of indictment in 2016), and agreed to pay 2 million won to the victim of the instant case.
The crime of carrying dangerous articles is unsanitary, but efforts have been made to recover damage by mutual consent with the criminal career and the victim, and are shown in the argument of this case.