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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Around 04:10 on March 23, 2015, the Defendant fightingd his body with the victim D (the age of 43) who is a dynamics at the home of the Defendant at Yongsan-gu Seoul Metropolitan City C Apartment A 106 (hereinafter referred to as the Defendant’s house) and the knife of the Plaintiff’s knife, which was in the state of the Plaintiff, with the knife (the total length of 32 cm, the length of 21.5 cm on the day) one time in the left part of the victim’s knife, and the Defendant tried not to take the knife the knife and the knife.
Accordingly, the defendant carried dangerous articles and brought the victim's self-contributation on the left side of the treatment period and the second hand respectively.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Investigation reports (on-site situations, etc.);
1. Application of Acts and subordinate statutes to field photographs, photographs of damaged victims, and photographs of criminal tools;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommending punishment] The mitigated area (one year and six months to two years) of habitual injury, repeated injury, and special injury (a repeated injury, repeated crime and special injury) (one year and six months), the mitigated area (a year and six months to one year and six months), or where considerable damage is recovered (a decision of sentencing] of a person who is punished (including a serious effort to recover damage), or the defendant's act is divided and against his/her act; the victim appears to have caused the crime of this case; the victim and his/her family member (a family member of the victim is also the family member of the victim) expressed his/her intention not to punish the defendant; the victim and the defendant's family member (a family member of the victim is also the family member of the victim); the victim's family member has no criminal history; the relation between the defendant and the victim, age, character and behavior, health conditions, family relationship, motive for the crime, circumstances after the crime, etc.