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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal records] The Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence due to a violation of the Punishment of Violences, etc. (joint assault) at the Seoul Central District Court on December 4, 2015, and the judgment became final and conclusive on December 12, 2015, and is now running up to 7 times of violent criminal records, including those under suspended sentence.
[2] On July 15, 2016, around 05:26, the Defendant: (a) inflicted an injury on the victim E (19 years of age) (hereinafter “D”); (b) one hand on the ground that the victim E (19 years of age) who was known to the Gangseo-gu Seoul Metropolitan Government, was living together with the victim; and (c) on the other hand, the victim’s face was 10 minutes of the victim’s hair, such as brea the victim’s head debt, and brea the victim’s buck with another hand, on 15 occasions, when the victim’s face was 15 minutes of the victim’s hand.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police for E;
1. An investigation report ( eight copies of a photograph by attaching closed television, CCTV recording data, or by capturing CCTV images);
1. A written diagnosis of injury;
1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of past records of violence, three copies of judgment, report on results of previous previous convictions of disposition, one copy of report on results of confirmation of past records of violence);
1. Grounds for sentencing under Article 257 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. Application of the sentencing criteria;
(a) Determinations of types: [18] Violence, 01. General Bodily Injury (Type 1] General Bodily Injury;
(b) Special sentencing factors: Reduction factors (unlimited to punishment);
(c) Scope of recommending punishment: Reduction area, imprisonment for two months to one year; and
3. Determination of sentence: Imprisonment with prison labor for 6 months (for favorable circumstances) and the source of the victim’s not to punish the victim (unfavorable circumstances) (for the sole reason that the victim was born, he/she committed several assaults on the face of the victim without any distance from the face as a new wall. In addition to the above suspended sentence, a fine is imposed on December 11, 2015, in addition to the aforementioned suspended sentence.