[Criminal Power] On June 1, 2018, the Defendant was sentenced to 8 months of imprisonment with labor for the crime of interference with business, etc. by the Seoul Northern District Court, and completed the execution of the sentence in the Seoul Eastern Detention Center on December 19, 2018.

【Criminal Facts】

At around 08:00 on August 30, 2019, the Defendant took a bath to the victim C (the age of 47) working at the 4th floor in Jung-gu Seoul, Jung-gu, Seoul, without any reason, and took a bath to the victim C (the age of 47) and put the victim's face, arms, and chest on drinking for about two weeks.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Investigation report (Attachment of criminal motion pictures);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of repeated crimes of a suspect), and application of Acts and subordinate statutes to investigation reports (verification of repeated crimes of a suspect);

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the assertion of counsel under Article 35 of the Criminal Act among repeated offenders, the defendant asserts that the defendant was in a state of mental disability due to disease such as depression at the time of the crime of this case.

However, in light of the motive, content, process, etc. of the instant crime, which can be seen by the evidence, the Defendant cannot be deemed to have a state of mental disability at the time of the instant crime, and thus, the above assertion is rejected.

The reason for sentencing, including the previous department, was 34 times prior to the Defendant, the Defendant committed the instant crime because it was not less than 3 months after the Defendant was released from prison, and the Defendant did not deny and reflect the Defendant itself, even though the Defendant was able to have committed the instant crime, and the Defendant’s violent tendency appears to have a high risk of repeating the crime. In addition, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. were determined by comprehensively taking account of various circumstances indicated in the instant records and arguments.