Text
A defendant shall be punished by imprisonment for not less than two months.
Reasons
Punishment of the crime
[criminal records] On November 6, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Seoul Central District Court on April 12, 2014, and the execution of the sentence was terminated. On March 10, 2016, the Seoul Central District Court sentenced one year of imprisonment with prison labor for a special intimidation and became final and conclusive on June 3, 2016.
[2] The Defendant, at around 11:40 on April 19, 2016, was a victim D (41 years old) who was waiting to sit in the front of the leaves of a living room in the same room while waiting to sit in the middle floor C of 143 Seoul detention center's 6 water supply in order to receive a distribution of the Defendant's house from the Jinyang-si, Jinyang-si, Jinyang-si, 143, Seoul detention center's 6 water supply.
The defect caused the victim's bath, and assaulted the victim's neck on one occasion with left hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Each self-written statement of D;
1. An investigation report (the CCTV closure photographs in a six-year-old CCTV C from among the six-lane-dongs);
1. Previous convictions in judgment: Inquiries about criminal records, the application of the text of the Decision 2016 Height 425 of the Seoul Central District Court Act, and the application of Acts and subordinate statutes to a criminal report (the confirmation report on the fixed date);
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The latter part of Article 37 of the Criminal Act: The reason for sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes; - Unfavorable circumstances: The fact that there were several times of punishment for the same kind of crime during the period of repeated crime; and that there were several records of punishment for violent crimes within the accommodation facility. - The favorable circumstances appear to be against the Defendant’s recognition of the crime. - Other circumstances: the equity between the Defendant and the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive.