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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On July 5, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (issuance, etc. of False Tax Invoice) at the Goyang support district court, and the judgment became final and conclusive on June 16, 2014.
【Criminal Facts】
On May 23, 2014, the Defendant: (a) around 01:14, at the D week located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) while fighting with the victim E (the age of 49), sent the face of the victim by drinking fighting; (c) cut off the body body of the victim by hand; (d) cut off the body body of the victim by a metal chair (50cm in total length) which is a dangerous object located therein; and (e) caused the victim to escape from the two sides.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. On-site and criminal tools photographs, upper and upper images, and opinions of opinions;
1. Previous convictions in the judgment: Criminal records, investigation reports (Attachment of the written judgment), investigation reports (the confirmation report on the fixed date), [the defendant and his/her defense counsel acknowledged the fact that he/she has taken three tamped the victim's body with his/her hand floor during his/her verbal dispute with the victim, but there is no fact that he/she has taken the victim's body body or the head of the victim's body with his/her metal. The victim goes beyond the process of fighting the defendant and his/her body and suffered the victim's wife himself/herself. However, in light of the fact that the victim has consistently stated the details of damage, and the victim's body status and degree, etc., it is recognized that the fact that the victim inflicted injury on the victim
1. Articles 3(1) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 257(1) of the Criminal Act concerning criminal facts
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence is that the victim's head shall be the person who is a dangerous article.