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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who resides together with the victim with the husband who died of the victim B (here, 47 years of age).
At around 23:00 on July 30, 2020, the Defendant, while drinking in a place of residence in Southernnam-gun C, was in dispute with the victim, was in a dangerous object in which the victim and the scambling of the scambre (the total length: 34 cm, 20 cm: : 20 cm) was cut in a knife, and the knife part on the right side of the victim, i.e., the victim’s number of days of treatment, and i., the victim’s number of days of treatment cannot be identified (6 cm in length).
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to B or D;
1. Records of seizure (voluntary submission), list of seizure, and evidence of seizure;
1. Application of statutes on site photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of punishment by law: One to ten years of imprisonment;
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment that is corrected according to the sentencing guidelines] of special injury and repeated crime [the category No. 1] and there is no special injury [the scope of the recommended punishment] [the scope of the punishment and the person subject to special sentencing] [the scope of the recommended punishment]] basic area, six months to two years from imprisonment [ the scope of the recommended punishment that is corrected according to the applicable sentencing guidelines], one year to two years from imprisonment (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing
3. Determination of sentence: Imprisonment with prison labor for one year, a stay of execution for two years, the relationship between the defendant and the victim, the background leading to the instant crime, the risk of the commission of the crime by the defendant, the degree and degree of the injury inflicted by the victim, and not receiving a letter from the injured party, the past criminal records, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by taking into consideration the sentencing conditions specified in the pleadings of the instant case;