A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal records] On June 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for habitual assault at Seoul Western District Court on October 1, 2016, and was released on October 7, 2016, and the judgment became final and conclusive on October 7, 2016, and the execution of the sentence was terminated on the same day.

[Criminal facts]

1. 피고인은 2017. 3. 11. 22:20 경 서울 서대문구 C에 있는 ‘D' 주점에서 다른 자리에 앉아 술을 마시고 있던 피해자 E(60 세) 의 일행에게 “ 야 이 씨 발 새끼야 내가 너 여기 나타나면 죽여 버린다고 했지 ”라고 욕설을 하고, 피해자가 이를 제지하자 피해자에게 “ 늙은 꼰대 놈의 새끼가 끼어들어, 죽여 버릴까 ”라고 욕설을 하며 주점 밖으로 나가 팔로 피해자의 목을 감아 바닥에 넘어뜨린 후 한 손으로 피해자의 목을 잡고, 다른 한 손으로는 피해 자의 낭 심을 잡아 약 3회 비틀어 피해자에게 약 16일 간의 치료가 필요한 요추의 염좌 및 긴장, 둔부의 타박상 등을 가하였다.

2. On May 6, 2017, the Defendant, at the place specified in paragraph (1) around 19:25, and around 19:25, the Defendant inflicted an injury on the victim for the number of days of treatment, on the ground that the victim, while drinking alcohol together with the victim F (42 tax) was in bad condition, was in drinking once a part of the victim’s entrance was taken once, the victim’s entrance was taken several times due to the victim’s appearance, and three the victim’s entrance was cut off.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (investigation of the victim and the counter-investigation of the D business owner), investigation report (Submission of a victim's opinion and change of the name of the crime), and report on the occurrence of the crime;

1. Certificates of medical treatment and photographs of victims;

1. Previous convictions indicated in the judgment: (A) a reply to inquiry, such as criminal history, report on investigation (prior convictions for repeated crimes), application of Acts and subordinate statutes to report on investigation (Attachment to the same final judgment, etc.);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. The aggravated Criminal Act for concurrent crimes.