Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On April 3, 2016, around 03:0, at the atmosphere room at the entrance of Daejeon Jung-gu, Daejeon, the Defendant argued about the issue of raising the table of the victim E (61 years old) to be jointly used by the victim E. In accordance with the Defendant who moves out of the waiting room, the Defendant assaulted the victim by using the breath of the Defendant’s breath in the front corridor, breath of the toilet, and breath of the victim’s breath with breath, and breath of the breath.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. The statement of F recorded in the file of witness examination in the second public trial record;
1. G statements recorded in the witness examination file among the fourth public trial records;
1. Each protocol concerning the examination of the accused by the prosecution and the police;
1. Statement made to H and I by the police;
1. Application of each statute on photographs;
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;
1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;
2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] shall be limited [the scope of the recommended punishment] in the case where victims of Category 1 (Special Violence) (Special Sentencing) are also responsible for the occurrence of and the expansion of damage to a crime, [the decision in the sphere of recommendation] reduced area [the scope of the recommended punishment] reduced area [one month to eight months].
3. Determination of sentence: In light of the fact that the defendant has committed the instant crime without being aware of the fact that he/she had been sentenced to punishment for violent crime even though he/she had many records of punishment for such crime, it is necessary to impose strict liability corresponding thereto on the defendant.
I see that it is.
However, it is against the defendant, the victim first assaults the defendant to punish this case, the defendant deposited a total of five million won for the bereaved family members of the victim, and other age, experience and experience of the defendant.