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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 20, 2016, around 03:10, the Defendant called the Victim E (31) to “I wish to go to house,” while drinking with D and alcoholic beverages in front of C apartment house in Namyang-si, Namyang-si, the Defendant was punished by D.
In spite of the defect in several calls, the defendant, who had been suffering from the phone of D, takes the victim's desire to take the victim, and reported the victim who was found to have been in order to take the house of D in fact, and, after the apartment after the apartment, 34 cm (No. 1) in total length of 34 cm (22 cm in length on a day) in a dangerous object that has been disposed of as recycling wastes on the front door of the apartment after the apartment, puts the victim with a knife about the end of the knife, and continued to take the part of the victim's head knife with the end of the knife, and knife the back part of the victim's body knife, which is a dangerous object in the surrounding area, and knife the back part of the block, which is a dangerous object, and caused the victim's injury to the victim in order to provide treatment for about 14 days.
Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement in the police statement protocol against E;
1. Application of the statutes in each of the reports on internal investigation (victim, witness's statement), records of seizure and list of seizure, and diagnosis of injury;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act (i.e., the sentencing criteria are not applied since the sentencing criteria are not yet prepared for special injury crimes under Article 258-2 of the Criminal Act newly established on January 6, 2016).
The risk of the instant crime using knife was significantly high.
The defendant has already committed the same crimes.