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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On May 1, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon High Court on May 1, 2015 and completed the execution of the sentence in Daejeon Prison on April 19, 2016.
On July 16, 2016, at around 17:40 on July 16, 2016, the Defendant took a bath for the elderly who had been in front of the Seo-gu Daejeon Apartment Complex 106, and was under the influence of alcohol from the victim D (64 tax). The Defendant saw the breath of the victim’s breath by her hand, and dumbing the victim’s chest, and dumbling the victim’s chest, thereby making the victim 7,8 the right-hand cage that requires approximately 5 weeks medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Reporting on the arrest of the case;
1. A report on investigation;
1. Reports on internal investigation (to hear, etc. statements of witnesses visiting the scene);
1. Medical certificate (D), diagnosis and treatment set, X-ray images;
1. A damaged photograph;
1. Previous convictions in judgment: Investigation report (report attached to a sentence, etc. of judgment), inquiry about criminal history, and application of Acts and subordinate statutes concerning personal confinement;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is against the defendant when committing the crime of this case, the defendant appears to have committed the crime of this case in a contingent situation, and the defendant's agreement with the victim that the injured person does not want the punishment of the defendant, etc., are several times of the records of punishment for the same crime (actual punishment, suspended execution, and fine) in favor of the defendant, and the defendant committed the crime of this case since three months have not passed since he was released without being aware of the fact that the defendant was committed during the period of repeated crime due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same judgment, which is disadvantageous to the defendant, and the degree of the injured person's injury is not easy, etc., other circumstances that are unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, motive, motive, means, and result.