A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to six months of imprisonment for the crime of obstruction of business and assault at the Busan District Court, and completed the execution of the sentence at the Busan Detention House on November 23, 2016.

피고인은 2017. 12. 24. 06:10 경 여주 시 가 남 읍 양화로 107에 있는 여주 교도소 C에서, 수형자 D과 말다툼을 하던 중, 다른 수형자인 피해자 E(67 세) 이 D에게 귓속말을 하자 화가 나, 손으로 피해자의 얼굴을 2회 때려 피해자에게 치료 일수 미상의 안와 내벽의 골절 등의 상해를 가하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Ethical letters;

1. Statement protocol with respect to E;

1. A working report of the F;

1. A damaged photograph;

1. A medical record and a statement of opinions;

1. Status of investigation reports (verification during the period of repeated crime), three copies of the judgment, and the acceptance of each individual;

1. Application of Acts and subordinate statutes to inquiry results, such as criminal history;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Aggravation of Aggravation of Cumulative Offense Act (hereinafter “Aggravation of Cumulative Offense”) takes into account favorable circumstances, such as the fact that the crime of this case was committed during the period of repeated crime, the form of injury suffered by the victim is considered as disadvantageous circumstances, but the fact that the situation is human and reflects, and that it appears that a person is living in prison after the instant case.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered and decided as ordered.