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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant and the victim D(62 years of age, women) are de facto marital relations living together for 25 years.
1. Around 08:00 on January 10, 2019, the Defendant demanded that the victim “Icena money” be “Icena money.” However, when the victim refused it, the Defendant assaulted the victim’s left-hand-hand knick by three times on the victim’s hand.
2. On January 11, 2019, the Defendant, under the influence of alcohol at the same place as the preceding paragraph on January 11, 2019, she saw the victim’s breath without any justifiable reason, and strokeed the victim’s brea.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of D;
1. The application of statutes to prepare and report a record book;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;
1. The scope of punishment by law: Imprisonment for one month to three years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and
(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;
(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;
3. The fact that the Defendant, who was sentenced, recognized all the crimes of this case, and reflected his mistake is favorable to the Defendant.
On the other hand, it seems that the defendant has repeatedly exercised assault against the victim who is a de facto spouse, and due to this, the decision of suspended execution has not been finalized.