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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 27, 2012, the Defendant: (a) around 03:00 on December 27, 2012, around 03:0, at “C” located in B, the victim D (20 years of age) who is an employee. Although the victim was “noh,” the Defendant confirmed that there was a well-known word in the above music hole waiting room, and confirmed the victim’s face at least three times, and sustained the victim’s injury that could not know the number of days of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of two Acts and subordinate statutes to two copies of the victim DNA photographs;
1. In light of the relevant Article of the Criminal Act and Article 257(1) of the Criminal Act’s rationale for sentencing on the crime of this case, even though the Defendant was punished on several occasions, such as fine 7 times, suspension of execution two times, and imprisonment, on the grounds that he/she violated the Punishment of Violences, etc. Act, which is the same kind of crime in the past, repeated crimes of this case, it is inevitable to punish the Defendant.
However, since the defendant's mistake is recognized, the defendant does not want to punish the defendant, and the defendant is already sentenced to imprisonment for one year and six months at the first instance court with respect to the crime of this case and the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) which is concurrently related to the crime of this case under the former part of Article 37 of the Criminal Act, and the appellate court (Seoul High Court 2013No209) is still in progress, the defendant shall take into account the balance between the sentence and the balance when he has been sentenced to one punishment for all the crimes of this case and the crime of violation of the Punishment of Violences, etc. Act (collectively related weapons, etc.). In addition, comprehensively taking into account all the sentencing conditions such as the motive, means and result of the crime of this case, the situation after the crime, the age, character and conduct of the defendant, and family environment.