[Criminal Justice] On October 28, 2011, the Defendant was sentenced to a suspended sentence of six months of imprisonment for larceny at the Seoul Central District Court on June 28, 201, and the judgment became final and conclusive on November 5, 201.

【Criminal Facts】

At around 19:15 on January 31, 2012, the Defendant: (a) laid the victim D(43 years of age) at the elderly accommodation located in Jung-gu Seoul Metropolitan Government, for the reason that he had sound “ging, lustly,” and then laid the victim’s face 3 to 4 times by drinking, and alinium finium (120cm in length) with a dangerous object located at that place; (b) laid the front part of the body of the victim’s face at the right end; and (c) laid the sidewalk block wall (22cm, 10cm in length, 5cm in thickness) with a dangerous object located outside of the underground road, which is a dangerous object located on the floor; and (d) laid the front side of the left side of the body, facing the victim’s number of days of treatment, and laid 5cm in the right side of the sidewalk where it is impossible to know the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (verification during a suspended sentence of execution);

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 sentence recommended according to the sentencing guidelines (determination of types), violent crimes. Special injury [Determination of the recommended area] mitigated area (sensive factors - mitigated areas] [Scope of the sentence to be recommended] from 1 year and 6 months to 2 years and 6 months (pre-Adjustment according to the punishment by law);

2. Determination of sentence: A sentence of imprisonment with prison labor for a year and six months shall be imposed on the defendant for a crime of the same kind, the fact that the defendant has no record of punishment exceeding a fine for the same kind of crime, the fact that all mistakes are recognized, and that there is no serious injury to the victim, shall be considered as favorable to the defendant. However, considering the fact that the defendant committed the crime of this case during the period of suspension of execution, and the nature of the crime of this case and the fact that the