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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 19:00 on April 14, 2019, the Defendant reported the situation in which the victim E (the age of 60) who had had a bad bad appraisal about D, etc. while drinking with D, etc., was suffering from the situation where the victim E (the age of 60) had a bad appraisal of D, and made the said D's oral dispute. However, the Defendant took three times the victim's drinking with D's drinking.
Accordingly, the defendant assaulted the victim.
2. The special injury accused, due to the assault described in paragraph 1 of this Article at the same time and at the same place, sees the appearance of the victim E (the age of 60) behind, and gathers the kitchen knife (22 cm in knife length, the total length of 35 cm) in a kitchen located in the kitchen, and reaches the victim’s course and the part of the kitchen knife with the victim’s course listed above the victim’s course.
As a result, the Defendant carried a kitchen, which is a dangerous thing, and inflicted an injury on the victim, such as “contestines in the face of the seat,” which requires approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The statement of each police officer made to F and G;
1. A written diagnosis of injury (E);
1. Application of Acts and subordinate statutes to the scene and criminal implements;
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;
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;
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Six to six years of imprisonment;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) Mitigation Elements: Insignificant injury (the area of recommendation and recommendation range), mitigation area, imprisonment with labor for four months to one year;
(b) Second Crimes (determination of types of violence) and violent crimes; 03. Violence.