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A defendant shall be punished by imprisonment for six 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
1. Around 10:20 on September 17, 2013, the Defendant: (a) committed assault against the victim D (years 56) who is the owner of the building at the site of Sungsung-si Building C; and (b) as a result of wage problems, the Defendant committed assault against the victim by making the victim’s breast by drinking the head of the victim; and (c) making the victim’s breast by drinking the victim’s hand.
2. The Defendant, in violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) laid down a brick, which is a dangerous object at the time and place specified in paragraph (1), and threatened the victim by stating that “the victim is dead.”
Summary of Evidence
1. Defendant's legal statement;
1. Application of the police statement law to D;
1. Relevant Article of the Criminal Act, Article 260 (1) of the Criminal Act that applies to the crime, the choice of a punishment, Article 260 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months from six years;
2. Scope of the recommended sentencing criteria; and
(a) Basic crime: Violation of the Punishment of Violences, etc. Act (determination of a type), violence crime group-special intimidation (determination of a recommended area and scope of a recommended punishment), the basic area (referring to six months to one year and six months), : None of the special sentencing factors:
(b) Concurrent Crimes: Violence (determination of types of punishment) group of violent crimes-general assault [Scope of decision on the recommended area and recommendation range] basic area (two months to ten months of imprisonment): None of the special factors of punishment:
(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to six months from January 11;
3. The extent of recommending punishment, considering the degree of assault and intimidation of this case, the criminal records of the accused, etc.