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A defendant shall be punished by imprisonment for not less than eight 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 20:30 on February 1, 2018, the Defendant: (a) took a kitchen (32cm in total length, 20.5cm in length) which is a dangerous thing used at his own house in the victim C (64)’s residence in Cheongyang-gun, Cheongyang-gun; and (b) taken a kitchen (20.5cm in total) which is a dangerous thing used at his own house; (c) the victim of the usual meeting took part in his own family company, such as “I am on the part of the victim’s family company,” and expressed his attitude that “I am the kitchen, I will throw the kitchen,” and “I am the victim’s life and body.”
Accordingly, the defendant carried dangerous objects and threatened the victim.
2. On February 1, 2018, at the place described in paragraph 1 at around 20:3, the Defendant: (a) was injured by the Victim C (64 years of age).
The victim, on the ground that he was able to say that he did not have such a fact, was able to take the victim's timber on one hand, and assaulted the victim at one time by using another hand on the victim's left side, and thereby causing damage to the sprinking nature of the pipe play that requires medical treatment for about 14 days, and injury to the victim, such as the sprinking impairment, sprinking, and tension of the sprink.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A written diagnosis of injury;
1. Application of statutes on records of seizure and lists of seizure;
1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 257(1) (a) of the Criminal Act, and choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Application of the sentencing criteria;
(a) Class 1 Crimes [Scope of Recommendation] Crimes No. 4 (Cumulative Offense, Special Intimidation) and the basic area (from April to one year and six months) (Special Sentencing)
(b) 2 offences [the scope of recommended sentences] ordinary.