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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
On November 7, 2014, the Defendant: (a) around 01:00, at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government, 505, and (b) on the ground that the victim D (n, 40 years of age) who is a female living together with another male and the wind has difficulty, and (c) caused bodily injury to the victim, i.e., the head of the victim, who is a dangerous object located in the said residence, once the head of the victim, and (d) suffered bodily injury for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. [Scope of Recommendation] The mitigated area of habitual injury, repeated crime injury, special injury (Habitual injury, repeated crime, injury, special injury) [1.6-2] the mitigated area (1. and 1.6-6 months] (including special mitigation), the punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered (the decision of sentence] the following circumstances and the defendant's age, character and behavior, relation with the victim, circumstances of the crime, degree of injury, circumstances after the crime, etc., and all sentencing factors specified in the records and arguments of this case, such as the records and arguments of this case shall be determined as the order.
Unfavorable circumstances: The fact that there was a history of punishment several times including suspended sentence due to the same crime, the fact that the defendant was injured by the head of the victim who was the most dangerous body due to the main illness, which is the dangerous object, the fact that there is no agreement with the victim: The defendant has led to the confession of the crime in this case and is against himself; the fact that the defendant is in a de facto marital relationship, the fact that the defendant committed a contingent crime due to the appearance of the victim in a de facto marital relationship, and deposit five million won for the victim.