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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
At around 01:50 on April 6, 2013, the Defendant, on the ground that the victim E (the 35-year-old) who fested together with the alcohol at the DNA point located in Tong Young-si C, referring to the Defendant, regardless of the Defendant’s age, was unable to do so, and the Defendant, on the floor of his hand, made it difficult for the Defendant to take a look at once and twice the face of both drinking, with bed with bed with bed, which is a dangerous object on the table, and then cut off the victim’s back to the bed with bed with bed with bed, and then, caused the victim to take approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol regarding E;
1. The police statement concerning F;
1. Application of Acts and subordinate statutes to investigation reports (Submission of Suspect Eth Injury diagnosis reports);
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;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);
1. According to the sentencing guidelines for sentencing in Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to one year and six months to two years and six months (the recommendation to reduce the type of “special injury” (the recognition of non-compliance with punishment as a special mitigation factor)). The fact that the same criminal records are several times, shall be considered as the reasons for sentencing unfavorable to the defendant.
However, the fact that the victim does not want the punishment of the defendant shall be considered as the grounds for sentencing favorable to the defendant, and the same punishment as the order shall be determined by considering all other factors of sentencing, including the defendant's age