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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
【Criminal Force】 On August 20, 2010, the Defendant was sentenced to a suspended sentence of three-year imprisonment with prison labor for committing murder at the Chuncheon District Court, and is currently under a suspended sentence of five years.
【Criminal Facts of Crimes】 On April 22, 2013, at around 15:10 on April 2, 2013, the Defendant took only drinking while drinking together with the victim in the E-market operated by the victim in Chuncheon City, while drinking together with the victim. In the state of mental disorder, in the state of mental disorder, the Defendant collected two steneds, which are dangerous objects in drinking without any particular reason, and reached the part of the victim’s knife.
As a result, the Defendant inflicted injury on the victim, such as the diversity impairment of a variety of trees that requires approximately one week medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Examination protocol of police suspect regarding D;
1. The police statement concerning F;
1. A medical certificate or set;
1. Photographs of damaged parts and on-site photographs;
1. Previous convictions in judgment: Application of criminal records and investigation reports (reports on criminal records of the same kind and attachment of copies of written judgments by a suspect A);
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;
1. Statutory mitigation under Articles 10 (2) and 55 (1) 3 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Imprisonment with prison labor for not less than 8 months but not more than 7 years and not more than 6 months (a person with a mental disability, a mitigation and discretionary mitigation together);
2. Habitual injury, repeated injury, special injury (special person) resulting from repeated injury, repeated offense, injury resulting from special injury (special injury) according to the sentencing guidelines, the scope of the recommended punishment according to the sentencing guidelines (determination of types of punishment): Reduction elements (i minor injury, (ii) Decision on the recommended area] Special mitigation areas (the scope of recommending punishment) from September to June 2.
3. The defendant who was sentenced to punishment has many records of punishment for the same kind of crime, and has committed again the crime of this case during the period of suspended execution of murder.