Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 1, 2009, the Defendant sentenced the Gwangju District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said punishment on May 13, 201.
1. Around 20:00 on December 25, 2012, the Defendant violated the Punishment of Violences, etc. Act (collective assault, deadly weapons, etc.) refers to the victim D (the age of 42) living together with the Seo-gu Seoul apartment 203 Dong 501, Seo-gu, Seo-gu, Gwangju, and a vehicle scrapping issue. The Defendant brought the kitchen knife, which is a dangerous object in the stalke, and brought the kitchen knife in front of the victim, and put the knife on the knife in front of the victim.
In this respect, the defendant carried dangerous objects and assaulted the victim.
2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the same time and place as in the preceding paragraph, on the same ground as in the preceding paragraph, and on the same ground at a time and place, led the victim’s ownership by using the kitchen knife, tearing, tearing, and destroying an aesthetic part of the market price, and cutting off a telephone system, and caused the electric design code to be lowered.
Accordingly, the defendant carried dangerous things and damaged the property owned by the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Photographs related to the case;
1. Previous records: Application of criminal records, etc., inquiry reports and investigation reports (pre-suspected crimes and confirmations of suspects)-related statutes;
1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act (the occupation of an act of assaulting carrying dangerous objects); Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the occupation of destroying and damaging dangerous objects) concerning a crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 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) are as follows.