A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal history] The Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on July 3, 2007 at the Incheon District Court, and was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on November 28, 2014. On November 12, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violence, etc. and on September 21, 2016, and completed the execution of the sentence at the Net Prison on September 21, 2016. The Defendant was sentenced to ten months of imprisonment with prison labor for a crime of assault, etc. on October 27, 2017, and completed the execution of the sentence at the Childbirth Training Institution on March 8, 2018.

[Criminal facts]

1. On September 8, 2018, the Defendant violated the Punishment of Violences, etc. Act (Habitual assault) committed assault against the victim H (46 years of age) who is the child of the Defendant at the residence of the Defendant located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, on the ground that the victim was satisfying, and the victim was satisfying on the face of the victim.

2. On September 9, 2018, the Defendant violated the Punishment of Violences, etc. Act (Habitual special injury) on the part of the Defendant: (a) with a small-scale illness, which is a dangerous object under the influence of alcohol at the places listed in paragraph (1) around September 03:30; (b) with the victim’s left part of the body; and (c) caused the victim to have the number of days of treatment to be treated.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each victim H;

1. On-site and photographs of damaged parts, and 119 emergency medical services activities;

1. Notice of the department related to the report of the 112 case, and each 112 reported case handling table (Evidence 5,8);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (prior convictions);

1. Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act (the occupation of a repeated crime) and Article 3 (4) 3 of the Punishment of Violences, etc. Act, Articles 258-2 (1) and 257 (1) of the Criminal Act (the occupation of special injury to a repeated crime);

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;