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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 26, 2017, the Defendant was sentenced to a suspended sentence of one year and six months for the crime of rape at the Gwangju District Court, and the judgment was finalized on June 3, 2017.
1. On October 21, 2017, the injured Defendant stated that the victim considered another male and film in the house of Seo-gu 00:00 Seo-gu apartment, Gwangju-gu, and the former female and female and child-friendly Gu D (the age of 40) (the age of 40) on the ground that the victim considered another male and female and film, and made the victim’s head and shoulder part of the victim go against the floor by tightly pushing the victim’s head and shoulder part on two occasions, and tightly pushed the victim’s face facing the floor, and then the victim suffers from the victim’s face by re-tightly pushing the victim’s right bream, the victim’s right knick, and caused the victim’s injury, such as the two skins and gambing part where treatment is necessary for approximately two weeks.
2. Special intimidation Defendant uses the kitchen knife, which is a dangerous thing in the kitchen after the commission of the crime described in paragraph 1 (1), and the kitchen knife (a total length of about 30cm, about 15cm) and the bread knife (a total length of about 25cm, about 12cm), in both hands, and the victim knife the two knife of the victim’s face before the victim’s face, and “I will die if I cannot do so.”
“Intimidating the victim”, the victim was threatened.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Investigation report (to hear statements from a victim by telephone);
1. A written diagnosis of injury;
1. On-site photographs;
1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes concerning investigation reports (verification during the suspension of execution);
1. Relevant legal provisions of the Criminal Act and Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment, and the option of punishment) concerning the facts constituting an offense, and Articles 284 and 283(1) (the point of intimidation and the choice of imprisonment);
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing criteria;
A. A. 1 Crimes No. 1 Crimes [Scope of Recommendation] No. 4 Crimes (Special Intimidation of Habitual Offense) (Special Intimidation) mitigated (4 months to 1 year) (Special Contributors) (Special Contributors). 2 Crimes are crimes.