A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 28, 2017, the Defendant was sentenced to a suspended sentence of ten years for special larceny, etc. at the District Court of the Republic of Korea on October 28, 2017, and the judgment became final and conclusive on December 6, 2017.

around 06:00 on August 19, 2017, the Defendant thought that he 3 406 and 406 of the C apartment house in Namyang-si, Namyang-si, Dayang-si, and that he acted to this line D (17 taxes) with the victim's head and body, and caused the victim's body several times by drinking and sprinking the victim's body by hand, and the victim's body was separated from the defendant, and the flabing behavior took part in the victim's body once, and flabing the victim's body by driving the victim's hair with his left hand, and flabing the victim's face face and body on several occasions by assaulting the victim's hair and body on several occasions by the victim's head and body on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Each description of damaged photographs and written diagnosis of injury and the application of video Acts and subordinate 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. Grounds for sentencing under the first sentence of Article 39(1)(1) of the Criminal Act for the treatment of concurrent crimes (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

The defendant committed a serious assault to the extent that the victim would be deprived (the 31th page of the evidence record) and did not recover from the damage.

However, the term of punishment was set, taking into account the following factors: (a) the Defendant’s confession of a crime is against the Defendant; (b) there is no record of criminal punishment before the instant case; (c) the case of judgment at the same time with the case of final judgment; and (d) the facts charged for murder by robbery and pending trial (this court 2017 Gohap 400).