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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On December 16, 2017, the Defendant inflicted injury on the victim’s left hand, i.e., the victim D (61 taxes) and the victim’s head at hand, i.e., dangerous items attached to the Si guard in Yangju-si, C Party B, in Yangju-si, on December 16, 2017, and caused the victim to undergo approximately six weeks’s treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements;
1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. The scope of applicable sentences under law: Imprisonment for six months to five years; and
2. Non-application of the sentencing criteria: Offenses for which the sentencing criteria are not set; and
3. Determination of sentence: A sentence shall be imposed in consideration of the fact that the nature of the crime is not good in light of the motive for the crime of this case, the instrument of the crime and the risk of the method thereof, the degree of injury inflicted on the victim, the criminal records of three times of violence, and the criminal defendant has not made any effort to recover from damage, etc., in eight months of imprisonment.
However, the punishment shall be determined as ordered in consideration of the records and various conditions of sentencing as shown in the trial process, such as the fact that the defendant was led to confession, the fact that the defendant does not have any criminal record exceeding the fine, the age, sex, environment, motive and means of the crime, the circumstances after the crime, etc.