[criminal records] On August 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. (Habitual Injury) at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and on September 10, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of injury, etc. at the Seoul Central District Court and on July 8, 2016, and was sentenced to imprisonment with prison labor for at least two times, including the termination of the execution of the sentence.

[Criminal facts] On November 11, 2016, around 16:05, the Defendant: (a) laid down the chest of the victim E (52) who was travelling along the way in Jongno-gu Seoul Metropolitan Government, in his hands, with the chest of the victim E (52) without any reason; (b) laid down five times the part of the victim’s processed tride.

As a result, the defendant put the victim a water-purification plant with which the period of treatment can not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. Investigation report (related to statement on telephone conversations of a wooden shoter, photographs of bags and belongings, and damaged photographs);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, results of search of prisoners, application of Acts and subordinate statutes to report criminal investigations (verification of work cases);

1. According to the evidence duly adopted and examined by the court of this case, the defendant was under the influence of alcohol at the time of committing the crime of this case, but the defendant lacks the ability to discern things or make decisions due to drinking. However, even though the defendant was under the influence of alcohol at the time of committing the crime of this case, the defendant was in the weak ability to discern things or make decisions.

The reason for sentencing is difficult to be considered)

1. The sentencing guidelines [Scope of recommended punishment] the basic area (two to four years) (one-four years) of habitual injury, repeated injury, and special injury (any habitual injury, repeated injury, and special injury) of the basic area (any person subject to special sentencing);

2. In the past, the criminal defendant who has been sentenced to imprisonment with prison labor for the same kind of crime several times in the past, and this case is the same;