Text
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[Criminal Power] On August 30, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for obstruction of performance of official duties, etc. by the Ulsan District Court on July 20, 2018 and completed the execution of the sentence.
【Criminal Facts】
The defendant is between the victim B (the age of 48) and the neighbor.
At around 23:55 on September 20, 2019, the Defendant: (a) in the Defendant’s residence under the Gangdong-gu Seoul Underground, the Defendant: (b) calculated the victim’s life in the Defendant’s house on the ground that the victim was able to recover in the Defendant’s house and carried the flab of the victim outside of the door, and was towed into the house and then pushed the victim; (c) took the victim’s face, head, knee, and knee, using knee and knee; (d) took the victim’s face, head, knee, and knee, using the victim’s knee and knee; and (e) assessed the victim’s life with the victim’s kne and knee that the victim suffered from the victim for approximately eight (8) weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Police suspect interrogation protocol of the accused;
1. A written diagnosis of injury;
1. Report on internal investigation (victim B telephone communications);
1. Investigation report (on-site photographs and photographs submitted to victims);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment, etc. of similar type of electric records) and other Acts and subordinate statutes;
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Imprisonment with prison labor for a period of one month to 14 years;
2. The scope of the recommended punishment according to the sentencing guidelines (the determination of a type) of general injury to violent crimes (the general injury): Type 1 (the scope of the recommended punishment): the serious injury and the same repeated crime (the scope of the recommended punishment) from June to September 3 (the maximum of the sentence shall be aggravated by up to 1/2, since there exist two or more special persons in a case falling under the virtual area, since there exist two or more special persons in a case falling under the virtual area).
3. The Defendant rendered a sentence of sentence had inflicted an injury upon the victim for about eight weeks by taking the victim into consideration in a non-discriminatory manner due to drinking, outbreak, etc., and committed the crime in this case.