A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On November 25, 2008, the Defendant was sentenced to one year for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) at the Sungwon District Court's Sungnam branch on November 25, 2008 and completed the execution of the sentence on August 22, 2009.

On July 31, 2012, around 02:30 on July 31, 2012, the Defendant: (a) had a victim D (year 52) who had drinking in a street room near the Defendant’s residence located in Seongbuk-gu, Sungnam-si; (b) had a talked with the victim; and (c) had the victim purchased the et in the same Et, such as the victim, and went to the Defendant’s residence.

At around 03:30 on the same day, the Defendant, while drinking alcohol together with the victim, was under the influence of alcohol and went out of the Defendant, but the victim refused to do so and committed assault, such as drinking once the face of the victim was taken out, the victim's chest, and the part of the victim's chest, when the victim took part in drinking.

As a result, the Defendant caused the victim to a long-wave, a long-wave, and a short-wave, thereby causing the victim's death by blood therapy around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of each police officer made to F and G;

1. Report on internal investigation (or investigation by a party to a internal investigation, by a party to a internal investigation, and by a party to a autopsy, with respect to a search by a neighboring Schlage);

1. A written autopsy and a written request for appraisal;

1. On-site and audio-visual photographs, on-site photographs, and CCTV photographs;

1. Previous records: Application of criminal records, investigation reports, and Acts and subordinate statutes;

1. Articles 262, 260 (1), and 259 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Three years to fifty years from the imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. Application of the sentencing criteria [decision of types] The basic area of the violent crime group, assault crime, Type 3 [Special Mitigation] of the same repeated crime [person under special mitigation] of the same kind of repeated crime [person under special mitigation] [the scope of punishment by recommendation] basic area [the scope of sentence by recommendation], two years to 4 years; and

3. The decision of sentence shall be made by the defendant;