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

Punishment of the crime

[criminal history] On November 22, 2017, the Defendant was sentenced to six months of imprisonment with labor for a special assault in the Sungnam Branch of Suwon Friwon, and completed the execution of the sentence on April 7, 2018 at the Dong-gu Seoul East Branch of Seoul.

The Defendant had weak ability to discern things or make decisions due to major psychosissis, behavioral disorder, and alcohol usage disorder due to trauma damage.

[2018 Highest 914]

1. On April 25, 2018, around 18:15, the Defendant committed assault against the victim E (Woo, 65 years of age) who fright at the front of the D pharmacy located in Gwangju-si, Gwangju-si, without any justifiable reason, at the victim E (Woo) who fright in front of the D pharmacy located in Gwangju-si, “Woo,” and at the same time, prices the victim’s head by drinking, and the victim who frights with the victim’s head by drinking, and then fright the victim by driving away.

[2018 Highest 1227]

2. On April 7, 2018, at around 15:00, the Defendant: (a) had no intent or ability to pay the drinking value in the “H restaurant” operated by the Victim G in Gwangju-si; (b) had the victim induced the victim by the method of placing an order for alcohol and alcohol to the victim; and (c) had the victim received delivery of 16,00 won in total from the victim’s seat, namely, i.e., i., e., the amount of 16,00 won in the market value.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2018 Highest 914]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (on-site investigation, etc.);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, results of search by prisoners;

1. Statement by the defendant in court;

1. A written statement of the G victim;

1. Receipts:

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The aggravated Criminal Act for concurrent crimes.