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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 15, 2010, the Defendant was sentenced to a suspended sentence of two years for six months, due to a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) in the territory of the Changwon District Court. On December 23, 2010, the said judgment became final and conclusive.
At around 23:30 on December 4, 2010, the Defendant: (a) committed an act, such as sprinking a woman living together with the victim F (50 years of age) who was drinking alcohol in a line-to-face table table, around 23:30 on the 23:30 on the 2010, and (b) committed an act, such as sprinking the victim’s head, E, who was drinking in a line-to-be table, and followed the victim; (c) dumping the flab of the victim’s head, along with the above E, flabing the victim’s head.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. Each police statement of G and H;
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. The scope of applicable sentences under law: Imprisonment for six months to fifteen years; and
2. The scope of recommended sentences according to the sentencing guidelines (determination of types), violent crimes, assault crimes, and the basic area of the Type 6 (Scope of recommended sentences): Imprisonment with prison labor for up to six months from January to October.
3. Determination of sentence - Determination of sentence - The act of assaulting a victim by using a beer disease, which is a dangerous object - The extent of damage is relatively minor, contingent, reflects the fact that the victim does not receive hospital treatment, etc., and considering equity with the case that the defendant was punished together with the previous offense in the judgment - The circumstances after the defendant started shall also be taken into consideration.