Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 10, 2018, at around 22:50, the Defendant: (a) while drinking alcoholic beverages with D, etc. at his own residence in Changwon-si, Changwon-si, Changwon-si; (b) as a result, D and Si expenses were incurred; (c) on the ground that D’s male and child-friendly arrest victim E (44 years old) was prevented, the Defendant brought a fluoral disease, which was a dangerous thing located therein, to his hand, and brought the back part of the head of the said victim once.
In this respect, the defendant carried dangerous objects and assaulted the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspects of E;
1. Statement made by the police with F and D (It is judged that the defendant was not in a mental or physical loss or mental and physical weakness under the influence of alcohol at the time of committing the instant crime);
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act (Confession and agreement) of the suspended sentence;
1. The sentencing criteria [Scope of the recommended punishment] Class 6 (Habitual, Cumulative, Cumulative Assault, Special Violence) (4 months to 1 year and 2 months) of the mitigation area (a person subject to special mitigation) is not subject to punishment;
2. The determination of sentence has the same history as the accused, but the accused has recognized and seriously reflects his mistake, the victim and the victim also wished to take the Defendant’s wife, taking into account the Defendant’s age, motive, means and consequence of the crime, and circumstances after the crime, etc., shall be determined as ordered.