Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[criminal records] On August 22, 2014, the Defendant was sentenced to two years of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Cheongju District Court’s Assistance, and completed the execution of the said sentence in the official prison on July 3, 2016.
[2017 Highest 283]
1. On February 15, 2017, at around 22:40, the Defendant assaulted the victim’s face face at E-cafeteria operated by the victim D (Inn, 48 years old) located in Chungcheong City C, and at the same time, during the dispute with the victim, the Defendant assaulted the victim’s face at one time.
[2017 Highest 463]
2. On January 9, 2017, around 15:25, the Defendant assaulted the victim, who was next to the Defendant, who f(48 taxes) of the victim, who was a dangerous object that f(48 taxes) caused the Plaintiff to drink with his/her daily behaviors within the “E cafeteria” located in Chungcheong City, by means of gathering the victim’s inside the part of the victim, who was a dangerous object that f(48 taxes), and having the victim do so.
Summary of Evidence
[2017 Highest 283]
1. Statement by the defendant in court;
1. Each police statement made to D or G;
1. A damaged photograph;
1. Report of investigation (specific suspect);
1. Previous conviction in judgment: Inquiry about criminal history and investigation report (verification of the same criminal history as the suspect and the fact that the suspect is in the same period of repeated crime);
1. Statement by the defendant in court;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Statement made by the police with regard to F;
1. A report on the occurrence of an injury;
1. On-site and victim photographs;
1. Medical certificates and medical records;
1. Each report on internal investigation;
1. Investigation report (for the purpose of violence against the change of the name of a crime related to commission, or injury);
1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (report on confirmation of such previous history and confirmation of the period of repeated crimes of suspects);
1. Article 260 (1) of the Criminal Act (the point of violence, the choice of imprisonment), Articles 261 and 260 (1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime concerned;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The recommended sentence according to the sentencing criteria; and