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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
At around 17:00 on August 28, 2013, the Defendant, while drinking alcohol together with the Victim H (54 years of age) in Gmaart located in Jindo-gun F, Jindo-gun, Jindo-gun, said, on the ground that the Defendant said that the victim was “at random,” and she was satisfying the said Gmat in front of the victim’s Gaba, and she was satfying with both hand before and after the head of the said IE, she dump, which is a dangerous object in front of the said IE’s entrance, and she dumped one time at the left top of the victim’s back.
As a result, the Defendant carried dangerous objects with the victim, and suffered bodily injury, such as cutting the body body body of the chain that requires treatment for about 8 weeks.
Summary of Evidence
1. Defendant's legal statement;
1. A statement prepared by H;
1. Investigation report (to record a statement by J or K phone);
1. A medical certificate;
1. Damage photographs;
1. Application of statutes on site photographs;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Scope of the recommended sentence [Determination of type] violent crimes - Special Injury (Special Aggravationd Person] mitigated factors: None of [the scope of the recommended sentence] 2 years to 4 years (basic area): No factors of general mitigation:
2. Whether or not the suspension of execution [major reasons for a suspension of execution]: There is no negative crime of carrying a deadly weapon, nor positive: There is no positive effort to recover damage.
4. Determination of sentence - One year and six months of imprisonment - The defendant shows his attitude to recognize and reflect all the crimes of this case, and the defendant seems to have committed any contingent crime under the influence of alcohol.
However, the crime of this case was committed by assaulting the victim for reasons that the defendant could not understand, resulting in an injury in need of medical treatment for about 8 weeks since it was caused by the lives of the victim, which is a dangerous object, and thus, the nature of the crime is very poor.