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A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. On July 17, 2013, the Defendant: (a) reported the Defendant to the police before the victim C (the age of 49) was able to bring about a dispute with the victim who was suspected of assault; and (b) committed assault against the victim by taking one-time face of the victim on one occasion.
2. Around July 17, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the Act on the Aggravated Punishment, etc. of Specific Crimes) committed an assault against the victim C (the age of 49) as stated in paragraph (1) in the Gangnam-dong Macheon Forest Park around 21:32 on July 17, 2013, when the Defendant was informed of the assaulting of the victim C (the age of 49) as stated in paragraph (1), he was able to file a complaint against the victim, and committed an assault against the victim, such as “Ne 112 reported, e.g., fins, fins, and finds,”
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement regarding C;
1. Application of statutes governing the 112 Reporting Case Handling List;
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending punishment) of the suspended sentence;
1. Crimes No. 1 in holding: Imprisonment for two months to ten months (the basic sphere of crimes of violence, among types 1 of crimes of violence);
2. Crimes No. 2 in its holding: Imprisonment with prison labor for up to two years (the basic area among the types of assault crimes of violence committed during the period of seven years);
3. Handling multiple offenders: From October to February, and May (the upper limit of the second crime + the upper limit of the first crime) (the sentence) imprisonment for 8 months, and the instant crime for 2 years of suspended execution on the ground that the Defendant abused the victim and reported it to the victim.