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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
【Criminal Power】 On October 24, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the said sentence on October 23, 2015.
【Criminal Facts of Crimes】 On March 14, 2017, at the first floor of C University located in Gangseo-gu Seoul Metropolitan Government on March 14, 2017, the Defendant: (a) sent approximately six parts of the victim’s head, who was a dangerous object from the victim D (year 46) to the business operation, and got approximately 20 days off the victim’s head, while dialogueing with the victim D (age 46) and the business operation; and (b) thereby, damaged the victim’s head, which requires treatment for about 20 days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A written diagnosis of injury;
1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports (A), investigation reports (recidions of suspects and reports on their confirmation);
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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation comprehensively considered the following factors: (a) background and content of the instant crime; (b) risk of the instant crime; (c) degree of damage; (d) damage was not recovered or did not agree with the victim; (c) criminal records of the Defendant’s like crime and the repeated crime of the judgment; (d) recognition of the crime; and (e) other circumstances favorable or unfavorable to the Defendant during pleadings, such as the Defendant’s age, career