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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Criminal facts
[Criminal Justice] On November 19, 2015, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of injury, etc. in the Changwon District Court’s Yangyang Branch on November 19, 2015, and the judgment became final and conclusive on November 25, 2015, and is serving in the Changwon Prison and the Seoyang Detention House on August 4, 2016. The Defendant’s records of committing violent inclinations are 11 times.
【Criminal Facts】
On December 3, 2015, at around 07:40, the Defendant thought that the victim D (the 55 years of age) who is the inmate was not impartial in the course of booming, the Defendant considered that the victim D (the 55 years of age) was not impartial in the course of booming, and that the victim was in dispute with the victim at the time of booming. On the other hand, the Defendant got over the victim at one time, and followed the victim's side blick part of the victim, thereby taking about about 4 weeks of treatment.
Summary of Evidence
1. The defendant's partial statement in the second protocol of trial;
1. Statement made by witnesses D in the third protocol of the trial;
1. Each police statement made to D, E, F, G, H, and I;
1. Written descriptions of D, E, and F;
1. Each service report of J and K;
1. A medical certificate of injury, and a written opinion;
1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, each investigation report (the attachment of a written judgment), and each investigation report (the confirmation of the re-filing of a detention house);
1. The Defendant and the defense counsel’s assertion of imprisonment with prison labor and the defense counsel do not constitute an injury as indicated in the judgment, following the pertinent legal provisions on criminal facts, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act, the Defendant and the defense counsel’s assertion.
However, D stated, however, that he had consistently followed the Defendant from the time of the instant crime, two additional police investigations, and up to the court, and that he had consistently followed the Defendant. D, as D, a prison officer J and K, working for E, F, G, H, I, and Chang Prisons, currently under confinement, at the time of the instant case or immediately after the instant case, “victim D” from the Defendant.