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A defendant shall be punished by imprisonment for six months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
Reasons
Punishment of the crime
On April 15, 2019, at around 22:30 on April 15, 2019, the Defendant took a walk from the victim D (the age of 48) and drinking at C head office in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, about 1st century, followed the sound, and boomed the dangerous object ( approximately 16cm in total length, approximately 6cm in daily length) in front of the Defendant’s party room, and led the victim to a creative disorder in the number of days of treatment.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each investigation report (CCTV image analysis and marketing statement, telephone communications with the victim);
1. Application of the Acts and subordinate statutes to photograph on the spot photographs and CCTV images and to photograph damaged parts of eachD;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law); and
2. Determination of sentence has a criminal record of a single kind of fine, and the degree of injury of this case is not less than that of the defendant. However, the defendant's confession and misjudgments in his confession, the fact that the defendant agreed smoothly with the victim, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by taking into account the following factors.