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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 May 4, 2015, at around 03:35, the Defendant tried to pay the taxi expenses of E-si operated by the victim D (Nam, 58 years of age) in the front of Seongbuk-gu Seoul Metropolitan City, but did not settle the payment due to the shortage of the balance. The Defendant paid the taxi charges to the victim who borrowed money from the above taxi at neighboring head of the taxi, paid the victim a taxi fee, and the victim was able to walk the victim's bridge once, walking the victim's bridge at one time, cut the victim's neck with his arms, and got the head of the victim's face one time, and saw the victim's head to the extent that the victim needs to be treated for about four weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Investigation report (recording a victim's telephone statement);
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
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. Sentencing (Scope of Recommendation) in the case where the basic area (referring to a person who is a special mitigation) (including a person who has made a serious effort to recover damage) or considerable damage has been restored to the basic area (referring to a person who has made a serious effort to reduce damage) of category 1 of general injury (a general injury).
2. A sentence of imprisonment is selected in the following circumstances: (a) even though the Defendant had had the same criminal power in the past several times (including a majority of the actual punishment), he/she again committed the instant crime; (b) he/she inflicted a serious injury; and (c) denied a criminal act by an investigative agency that he/she had been faced with; (d) however, he/she shall be sentenced to imprisonment by taking into account the following circumstances: (a) the fact that the Defendant recognized the error in this court and agreed to pay 4.5 million won to the victim; (b) the Defendant’s age, character and behavior, environment, motive and means of the crime; and (c) other circumstances shown in the argument of the instant case, such as the Defendant’s age, character and behavior; (d) the Defendant’