A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant pays 40,000 won to the applicant for compensation for physical damages.

Punishment of the crime

On February 9, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court, and on June 14, 2011, the execution of the sentence was completed in the Daejeon Correctional Institution.

Criminal facts

On May 7, 2013, at around 01:00, the Defendant loaned money to the victim C (year 54) in front of the Daejeon Dong-gu, Daejeon. However, on the ground that the victim refused to do so, the Defendant took care of the victim’s face by drinking and sprinking the victim’s face, and forced the victim’s resistance, and 42,000 won of cash owned by the victim was deducted from the victim’s money on the part of the victim, and the victim took care of approximately two weeks of medical treatment.

Accordingly, the defendant took the property of the victim and inflicted an injury on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Part of medical records in the inquiry and reply statement;

1. A medical certificate;

1. Photographs of the victim;

1. On-site photographs;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes on criminal records, reply reports, personal identification and confinement status;

1. Relevant Article 337 of the Criminal Act concerning the facts constituting an offense and Article 337 of the Election of Imprisonment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentence (the amount claimed by the applicant out of 42,00 won of physical damage the scope of liability for compensation of which

1. Summary of the assertion

A. Although at the time and place stated in the facts charged, money from Australia of the victim is written, there is no fact that the victim would have deducted or inflicted an injury on the victim.

B. Even if the facts charged in the instant case are found guilty, the Defendant was drunk at the time of the instant crime and was in a state of mental disability.

2. Determination

A. Money for the defendant to pay to the victim.