A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 16, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (unlicensed Driving), etc. at the Busan District Court on August 18, 2017, and completed the execution of the sentence at a detention house on August 18, 2017.

On September 25, 2017, the Defendant, at around 21:05, was under the influence of alcohol to the “E main store” operated by the injured party in Busan East-gu, Busan-do, and then was under the influence of alcohol from the main station, and thus is easy for the Defendant to die this year.

“In doing so, he saw the neck with his hand, saw the face of drinking, etc., and laid the victim’s fingers, who restrains it, and puts the fingers of the victim’s fingers, and the victim’s fingers, whose number of days of treatment cannot be known, to the extent that he saw him as his fingers.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. A photograph of parts of the victim's body;

1. A previous conviction: A written reply to inquiry, such as criminal history, a report on investigation (Attachment of the sentence of the judgment), and a report on investigation (prior conviction of a suspect and a repeated crime) [The defendant was physically and mentally lost or physically weak due to an abuse of alcohol memory disorder at the time of the crime in this case;

However, according to the evidence revealed in the records of this case, it is not deemed that the defendant lost the ability to discern things or make decisions at the time of the crime, or did not lack such ability.

Therefore, we cannot accept the above argument.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The crime of this case on the ground of sentencing Article 35 of the Aggravation of Aggravation of Cumulative Cumulative Offense Act is a bad and is likely to inflict an injury on a female victim of 77 years old who is vulnerable to the crime under the influence of alcohol at night, in which the defendant was released from his criminal record of a repeated crime.

However, the sentencing, such as the fact that the defendant generally recognizes the mistake, the fact that the defendant agreed with the victim, the degree of injury, and the age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.