Text
1. The defendant shall be punished by imprisonment for three months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
At around 03:30 on July 21, 2013, the Defendant: (a) found the preceding day at “D cafeteria”; (b) sought again under the influence of alcohol for the reason that the victim E (at the age of 48) was under the influence of alcohol; and (c) took the victim’s head, “I will am dead, I will am dead, I will see” and “I will am dead, I will am back, I will am back, I will am back, I will am back, I will am back, I will am back the victim’s head.” (d) The Defendant saw the victim who was under the influence of alcohol for the reason that the victim E (at the age of 48) was under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement made by the police officer in relation to E and F;
1. Application of Acts and subordinate statutes on images of photographs;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of sentenced punishment: One month to seven years of imprisonment;
2. Sentencing criteria (decision of types of punishment), group of violent crimes, group of general bodily injuries (Scope of recommending punishment) : Imprisonment with prison labor for a period of one month to one year, and special mitigation factors: There shall be no minor injury, non-conformity of punishment/special aggravation factors:
3. Determination of sentence: Three months of imprisonment; and
4. Whether or not a suspended sentence is positive for 2 years (major reasons for a suspended sentence): There is no minor injury or negative negative result of a suspended sentence (general reasons for a suspended sentence): positive reasons for a contingent crime, serious reflective negative: In addition to the main reasons for a suspended sentence of not less than two times (comprehensive comparative assessment) above, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by probation within the scope of the recommended sentence, taking into account the following factors: (a) the defendant shall have a total of six criminal records for violence, and the defendant shall have a total of two criminal records for a suspended sentence of imprisonment with prison labor; and (b) the fact that the defendant supports his/her mother and is still supporting a recent traffic accident and that the defendant's health is not good due