Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On December 22, 2011, the Defendant was sentenced to two years of imprisonment and a fine of four million won by violating the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Cheongju District Court, and the period of parole on September 30, 2013 during the execution of the sentence was expired on November 17, 201.
【Criminal Facts】
On August 15, 2015, the Defendant: (a) around 23:55, on the second floor of a public parking lot of the Seojin-gu Seoul Metropolitan City, Seojin-gu, Seojin-gu, the second floor of the public parking lot; (b) the two jum and the victim C (the age of 24) who drinks two jum and drinks, without any justifiable reason, called “hack-hack hackk hackk hackk hackk hackk hackk hackk, which means “hack-hackk hackk hackk hackk hackk, which is a dangerous object cited by the victim; and (c) assaulted the victim at one time the left chest part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A report on investigation (14 pages of evidence);
1. Report prior to judgment: Application of criminal history records, reference reports, investigation reports (previous records, confirmation, etc.) Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. From one month to ten years of punishment by law; and
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the scope of the mitigated area (four months to one year and two months) (special mitigation) (the person subject to special mitigation) / the same repeated crime (the types of habitual assault and repeated assault during the six categories) / the same type of repeated crime (excluding the types of repeated assault during the six categories).
3. Recognizing that the Defendant recognized the instant crime, and recognized the favorable circumstances such as the depth of the instant crime, and the extent of the Defendant’s assault is relatively minor.
However, the nature of the crime of this case and the circumstances of the crime are not good, and the defendant has been punished five times for violent crimes (one actual punishment, one suspended execution, and three times for fines). In particular, the Cheongju District Court on December 22, 201.