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1. The defendant shall be punished by imprisonment with prison labor for one and half years;
2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
On July 9, 2012, around 20:10 on July 20, 2012, the Defendant had a dispute over the fact that the Defendant had been investigated as embezzlement related to a trade union while he had been doing so with the victim D (the 49 years of age) who is a company partner at the Busan Young-gu C cafeteria.
In order for the victim to crypate, the hack pipe (110cm in length, 2.5cm in diameter) was added to the defendant's will, which is a dangerous object that has been abandoned in front of the restaurant, and was placed above the defendant's will.
As to the embezzlement case, the Defendant continued to gather hacker pipes by continuously cutting down the victim’s head once, and caused the victim’s hacker injury to hacker with a detailed statement that there is no open room for treatment for about two weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement of E and D;
1. A criminal investigation report (Attachment of a medical certificate submitted by a victim);
1. Records of seizure and the list of seizure;
1. Application of the photographic Acts and subordinate statutes;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
2. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the favorable circumstances required for sentencing following the reasons for sentencing):
3. Article 62 (1) of the Criminal Act ( repeatedly taking into account favorable circumstances required for sentencing the following reasons).
4. Social service order under Article 62-2 of the Criminal Act;
5. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The conditions favorable to the defendant shall be as follows:
The crime of this case seems to have been committed contingently.
The degree of injury is not severe.
No person shall be sentenced to imprisonment without prison labor or heavier punishment.
The victim has not been punished for the defendant by mutual consent with the victim.
2. The circumstances disadvantageous to the defendant shall be as follows:
There are several records of punishment for the same crime.
3. The motive, means, and result of the instant crime committed, according to the various circumstances of the Defendant.