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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 April 22, 2015, the Defendant, around 03:00, 302 of the E funeral hall in Gwangju-si, and the victim H (46 cm) who was the former leader of G behavior while taking a bath to the latter F, she laid the horse, and she laid off a stoke siren (30 cm in length) which was a dangerous object in front of the above funeral hall, and she laid the victim’s head at a bar in front of the above funeral hall, she displayed the victim’s face two times by drinking, and continuously broken the victim’s face into a 302 window glass of the above funeral hall (60 cm in width and 120 cm in length) managed by the victim I.
Accordingly, the Defendant, carrying dangerous things, assaults the victim H, and damaged the glass, which is the property of another person.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the suspect of each police officer with regard to H;
1. Each police statement made against J, K and L;
1. A protocol of seizure and a list of seizure;
1. Application of the written estimate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260 (1) (a special assault, choice of punishment by imprisonment) of the Criminal Act, and Article 366 of the Criminal Act (a point of destroying property and a choice of punishment by imprisonment);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;
1. Scope of the recommended punishment according to the sentencing criteria;
(a) Persons who have been specially mitigated in the mitigated area of Class 6 (Habitual, Cumulative, Special Assaults) (4 months to one year and two months): No one shall be punished;
(b) Persons who have committed a second-class crime (damage, etc.) and who are specially mitigated in the mitigation area (one to six months). Persons who have committed a second-class crime (damage, etc.): No penalty shall be imposed;
(c) The scope of final sentence due to the aggravation of multiple offenses: April to May; and
2. Not only has the record of the determination of sentence, but also the fact that the defendant committed the instant crime during the suspension of execution due to the same kind of crime; however, the fact that the defendant led to confession and reflects each of the instant crimes;