폭력행위등처벌에관한법률위반(상습상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On September 15, 1994, the Defendant was sentenced to a fine of one million won for a violation of the Punishment of Violences, etc. Act at the Jeju District Court, and on July 25, 1998, the above court issued a summary order of KRW 300,000 for the same crime; on February 26, 2010, the Jeju District Prosecutors' Office issued a suspension of indictment as an injury; on November 2, 2010, it was subject to a disposition of no prosecution as an assault at the above Prosecutors' Office on November 12, 2010; on May 20, 201, the Defendant was dismissed from the Jeju District Court as an assault; and on February 18, 2013, the Defendant was sentenced to a dismissal of prosecution by the Jeju District Court as an assault on March 22, 2013.
【Criminal Facts】
At around 02:20 on May 26, 2013, the Defendant habitually carried out drinking on the side tables of the victim E (the age of 49) at the “D” entertainment bar located in Jeju on May 26, 2013, the Defendant saw a time room to the effect that the victim and the snow “I see why???????????????????????????????????????????????????????????????????????????????????’
Summary of Evidence
1. Statement by the defendant in court;
1. Statement to E by the police;
1. A written diagnosis of injury;
1. Habituality of the judgment: Application of Acts and subordinate statutes to the extent that habituality of violent crimes can be recognized in full view of various circumstances, such as criminal records and the age, occupation, environment, motive, means and method of committing the crime, the contents of the previous crime and similarity with the crime in this case;
1. Relevant Article of the Punishment of Violences, etc. Act: Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act;
1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);
1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);
1. Probation: Recommendations, sentences, scope and violent crimes on the grounds of sentencing in the main sentence of Article 62-2(1) and (2) of the Criminal Act;