A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On June 14, 2018, the Defendant was sentenced to six months of imprisonment by the Seoul Eastern District Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and completed the execution of the sentence on November 25, 2018 at the Seoul Eastern District Court.

Criminal facts

On June 25, 2019, around 09:20 on June 25, 2019, the Defendant sent the victim's head one time to the small-scale illness, which is a dangerous object due to an unforeseen reason, while drinking alcohol together with the victim D(55 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (in the event of a site and photographs of the injured part of a victim), investigation reports (in the event of an appearance of a victim and hearing oral statements);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the Defendant’s confession, and the victim expressed his intent not to have the Defendant punished. However, the Defendant has already been 18 times prior to the previous offense including the previous offense, the Defendant committed the instant crime during the repeated offense period, and the statutory penalty for the instant crime is provided for more than one year and less than 10 years. In light of the content of the instant crime and the Defendant’s previous offense, it appears that the Defendant appears to have violence inclination is significant. In addition, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime were committed, were determined by comprehensively taking account of various circumstances revealed in the instant records and arguments.