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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
On September 14, 2014, the Defendant: (a) around 00:30 on September 14, 2014, at a convenience point in which the trade name in front of DKable in Nam-gu Incheon Metropolitan City, would not be known; (b) while drinking the victim E, who was aware of usual finite, was finite from the victim; (c) when he was finite, he was fincing the victim’s neck by hand; and (d) fincing the empty bottle, which is a dangerous object on the table, on the floor, she cut down the part of the part of the victim’s left snow with a single knife.
As a result, the defendant injured the victim by opening the head part requiring treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on the certificate of injury, and photographs of damaged parts;
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 62-2 of the Criminal Act of the community service order;
1. Where the mitigation area (one year and six months to two months), the mitigated area (one year and six months to six months), the penal penalty (including serious efforts to recover damage), or considerable partial damage is recovered in the area of mitigation (including a person subject to special mitigation), the penal penalty of which (including a serious effort to recover damage), or the penal penalty of which is imposed on the sentencing guidelines;
2. Determination of sentence: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was committed; (b) the Defendant was punished for the same kind of crime under favorable circumstances; and (c) the fact that the Defendant was punished for the same kind of crime due to the minor disease, which is the dangerous thing of the Defendant; and (d) the fact that the nature of the crime is very poor is very poor, shall be considered under unfavorable circumstances; and (c) the punishment shall be determined as ordered in light of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime