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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 three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 23, 2016, around 19:25, the Defendant: (a) expressed the victim C (34 years of age) who first sees in Seongbuk-gu, Seoul, without any justifiable reason, the victim’s head head is heeped; and (b) made the victim’s face continuously being used for drinking and salping out several times, the Defendant inflicted an injury upon which the number of days of treatment is unknown, such as the victim’s back head is cut to the degree of 20 meters, and the left part is cut to the extent of 20 meters, and the victim’s left part is cut.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Photographs;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims C);
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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. Scope of applicable sentences under law: Imprisonment with labor for one year to ten years;
2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] Habitual injury, repeated injury, special injury, and the basic area (two to four years) of the first type (the habitual injury, repeated injury, and special injury) (two to four years) - A mitigated person: A person not subject to punishment - A person subject to punishment - A person subject to punishment - A person subject to punishment for an unspecified or large number of victims or repeatedly commits a crime for a considerable period;
3. The crime of this case in which the sentence of sentence is to be sentenced is committed when the head of the person who is prone without any justifiable reason and the risk of the act is very bad in terms of the nature of the crime, and the record of punishment for violent crimes reaches 16 times, including one imprisonment with prison labor and two times the suspension of the execution of imprisonment with prison labor.
On the other hand, there is no history of punishment exceeding fine since 2001, there is an agreement with the victim, and it is more favorable that it is against the victim.
In light of the above circumstances, the sentencing conditions, such as the character, conduct and environment, etc. of the defendant, the defendant shall be set off at the lower limit of the sentencing criteria as ordered.