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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On February 16, 2017, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and on October 22, 2017, the execution of the above sentence was terminated at the Busan Correctional Institution.
[Criminal facts]
1. On July 12, 2018, at around 00:20 on the same day, the injured Defendant: (a) together with the victim C (here, 31 years of age) in Busan-gun, Busan-gun; (b) had been living together with the Defendant’s employees, and (c) had a dispute with the victim who had drinking alcohol first returned to the same without the Defendant on the ground that the Defendant’s employees had excessive drinking; (d) had been living together with the victim, and (e) had the victim her face at least two times due to drinking, and had the victim suffered injury, such as the victim’s hair and the mouth, for about six weeks of treatment.
2. The Defendant was placed under confinement in the same time and in the same place as Paragraph 1, and the “finite sound of a woman” was called “finite sound of a neighboring resident” upon receiving a report from the neighboring resident, and the circumstances E, etc. belonging to the Busan Police Station D District, etc. of the Busan Police Station, opened the above house entrance and open
In order to prevent the victims from getting out of the victim, the victim was detained for a total sum of time by preventing the victims from getting out of the victim's hand, and by preventing them from getting out of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. A relative medical certificate;
1. Data on field photographs;
1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the relationship of suspects and repeated crimes);
1. Relevant legal provisions of the Criminal Act, Articles 257(1) and 276(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The second type of crime (Arrest, confinement, abandonment, and abuse) in which there is no person who has the basic area (from April to one year and six months) (the person who has any special sentencing factor) on the grounds of sentencing in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing in Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment recommended). The first type of crime (the scope of punishment recommended) is the general standard.