Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal record] On December 19, 2014, the defendant was sentenced to a suspended sentence of six months for a violation of the Military Service Act by the Incheon District Court on December 19, 201, and the decision became final and conclusive on the 27th of the same month and is still under suspended
In addition, on June 16, 2015, the defendant received a disposition to transfer home protection cases due to assault, etc. from the Incheon District Public Prosecutor's Office, on September 3, 2015, to transfer home protection cases due to assault by the Incheon Local Public Prosecutor's Office, and on September 10, 2015, to transfer home protection cases by assault by the Incheon Local Public Prosecutor's Office.
[Criminal facts] The Defendant is the spouse of the victim C (V, 20 years of age).
On January 17, 2016, around 10:35, the Defendant used the victim's hair 505, which was habitually assaulted by the victim's head six times in the middle-gu Incheon Metropolitan City Dtel on the ground that the victim raised the boiler temperature.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Previous conviction: A written reply to inquiry, such as criminal history;
1. Habituality of judgment: Recognition of dampness in the light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. The relevant Article of the Criminal Act and Articles 264 and 260(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning the criminal facts;
1. Application of the sentencing criteria [Scope of the recommended punishment] and the basic area (six months to one year and ten months) of the crimes of assault (Habitual, repeated, repeated, and special assault) (no person subject to special sentencing)
2. The criminal defendant, who was sentenced to a sentence of domestic violence and was subject to a disposition of home protection cases several times during the suspension of execution, committed the instant crime, in light of the circumstances and degree of the instant crime, the nature of the crime is not good, the victim was punished against the defendant, and all the conditions of sentencing recorded in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the instant crime, shall be determined in the same manner as the order.