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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On 17:00 on 04. 03. 03. 17:00, the Defendant: (a) driven a fright side of the “C” victim D (32 tax) where the Defendant continued to engage in the delivery business of the otoba in the above C; (b) driven the vehicle on the said alley, and caused the vehicle to be at risked to the front of the vehicle driven by the Defendant; (c) brought the window to the said alley; (d) took a dispute with the victim; and (e) moved to the house; and (e) drive the vehicle again after about five minutes to deliver it from the said alley to the said alley, the Defendant discarded the dangerous article (a total length of 30cm, 15cm, and 15cm) which was in possession of the victim on the said alley road; and (e) took a dangerous measure to reduce the victim’s length.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to D or E;
1. Application of statutes on records of seizure and lists of seizure;
1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of applicable sentences under law: Imprisonment with labor for one month to seven years;
2. Application of the sentencing criteria [referring to the types of decisions] violent crimes, intimidation, and Type 4 (Special Intimidation) (person subject to special sentencing): Reduction elements: Imprisonment with prison labor for not less than 4 months to 1 year (the area of mitigation of punishment).
3. Determination of sentence: Imprisonment with prison labor shall be selected, taking into consideration the following factors: Ten months of imprisonment, two years of suspended sentence, the nature of the crime of this case is very poor, and the defendant has a number of criminal records including the past record of the suspended sentence of imprisonment with prison labor as a crime of robbery;
However, the fact that the defendant has been led, that there was an agreement with the victim, that there was no criminal history since 2009, the sentencing guidelines and the age of the defendant, and the age of the defendant.