A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to the crime of bodily injury and the crime of assault, etc. by the District Court, and completed the execution of the sentence on April 11, 2016.

On September 15, 2017, at around 23:10, the Defendant assaulted, without any reason, the victim E (the 51-year-old age-old) who drink drinking on other tables in the “D dan”, which was located in D D Gawon C, with a view to the lower part of the left part of the victim E (the 51-year-old age-old), and used the lower part of the dangerous object on the table (the 17cm in diameter).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement with respect to E, F, and G;

1. The list of seizure, report on internal investigation (on-site reports), report on internal investigation (related to dangerous articles), on-site photographs, and photographs of the damaged parts;

1. Previous conviction in judgment: The application of the defendant's legal statement and inquiry letter, such as criminal history, the case of this court and the result of search of sentence;

1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;

1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the punishment under the law] [the sentencing of the punishment under the law] 10 years or less [the determination of the type] 6 (Habitual, repeated crime, special assault) of assault crimes among the group of violent crimes: The element for mitigation of identical repeated crimes: In the basic area of punishment not to punish [the scope of the recommended punishment]: From June to October (the decision of sentence] from June to April (the decision of sentence] on November 27, 2015, the Defendant again committed the same kind of crime within the period of repeated crime, even after he/she was sentenced to six months of imprisonment with prison labor and completed the execution of the sentence on April 11, 2016.

Therefore, in consideration of the fact that the defendant is sentenced to imprisonment with prison labor, and the defendant is against the confession of the crime (the 29th page of evidence record), that the defendant agreed with the victim (the 29th page of evidence record), that the Suwon District Court was sentenced to six months of imprisonment with prison labor due to assault, etc. and the appellate court is proceeding on November 22, 2017, it set the lower limit of the sentencing range recommended for the sentencing guidelines and set the period of punishment.