Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] On August 25, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for a crime of conflict, etc. at the Seoul Eastern District Court on September 2, 2016, and the judgment became final and conclusive on September 2, 2016, and completed the execution of the sentence on October 14, 2016.
【Criminal Facts】
On July 23, 2018, the Defendant: (a) stated that “D” working for the victim C in Gangdong-gu Seoul Metropolitan Government on July 23, 2018, which is located in Gangdong-gu, would be limited to cash, not the card, and that “the same year and the same year shall be in accordance with the card”; (b) expressed the victim’s face and arms, and assault the victim’s body part by drinking.
around 05:15 on January 20, 2019, the Defendant assaulted the victim’s head at one time in microficul, which is a dangerous object used in his hand, and suffered injury to the victim’s head at five minutes, such as having no one in two open in order to provide treatment between approximately 15 days, and having no one in the two parts of the case where he had no one.
Summary of Evidence
1. For previous records of judgment: Criminal history records, correspondence of confinement information, inquiry of confinement information, confirmation of previous records of disposition, and copy of judgment "2019 Highest 269";
1. Defendant's legal statement;
1. C’s statement;
1. The investigation report (No. 4 No. 4);
1. 112 Reporting Table "2019 Highest 1198";
1. Defendant's legal statement;
1. Each investigation report (No. 6,10).
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), Articles 258-2 (1) and 257 (1) (the point of special injury) of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. The scope of recommendations according to the sentencing criteria; and