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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On November 18, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) at the Daegu District Court on December 18, 2009, and was released on August 12, 201 during the execution of the sentence, and the remaining term of imprisonment has expired on January 1, 2012.
On December 26, 2013, the Defendant: (a) around 21:30 on December 26, 2013, the Defendant, while drinking alcohol together with the victim E (the age of 44) on the ground that the victim took a bath and took a part in his/her speech; (b) he/she, in drinking, carried the victim’s face twice in two times; and (c) carried out a figure, which is a dangerous object in the toilet, and carried out a head of the victim; and (d) inflicted an injury on the victim, such as an open head part, which requires approximately two weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on investigation (as to attachment of a medical certificate);
1. Investigation report (verification related to dangerous objects);
1. Photographs related to the injury;
1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (related to attachment of the same type of power and criminal suspects' repeated crimes);
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 257 (1) of the Criminal Act;
1. The grounds for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders, including the background and degree of damage, and the record of several times of criminal punishment including the punishment twice for the same kind of crime, circumstances unfavorable to the offender during the period of the same repeated crime, the victim is also liable for the victim, and the victim wishes to have the preference of the defendant. The recommended punishment according to the sentencing guidelines (the scope of the recommended punishment according to the sentencing guidelines (the period of habitual injury, repeated injury, special injury (the period between September and June), the special mitigation area (the period between September and June), the special mitigation area (the period between September and June): the victim is considerably responsible for the occurrence of the crime or the expansion of damage).