A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 2 shall be forfeited from the accused.

Punishment of the crime

[criminal record] On July 20, 2010, the Defendant was sentenced to imprisonment for two years and six months at the Busan District Court to murder with the victim C, etc., and completed the execution of the sentence at the original prison on October 2, 2010.

[Fact of crime] On April 26, 2013, around 13:20, the Defendant 121 Dong Dong-gu, Busan Metropolitan City, 121 Do 2307, and talked about the dog kid by the victim, which caused the difference in the chest part from the injured party due to mutual vision, and assaulted the victim's shoulder and hair part due to plastic difficulty at approximately 30 cm in length, which is a dangerous article in the front corridor of the victim's house.

Summary of Evidence

1. The defendant's legal statement;

1. A protocol concerning the interrogation of suspect C by the police;

1. Police seizure records;

1. Previous convictions in judgment: Inquiry about criminal history, application of the text of the Busan District Court Decision 2010 Gohap 217, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Code asserted that the defendant's act constitutes legitimate defense by an act of assault set up against C. However, this case does not accept the above assertion since it is difficult to view that the difference from the defendant's appearance falls under the requirement of legitimate defense as a case of a non-discriminatory violence against C due to the difficulty, which is a dangerous object and is a dangerous object, and thus, it does not constitute a legitimate defense.

[Scope of Recommendation] The reason for sentencing is [Scope of Recommendation] No person who does not have the basic area (6 months to 10 months) (special sentencing person) (6 months to 6 months) (special sentencing person) [decision of sentence] The reason and content of the crime of this case, the defendant again committed the crime of this case during the period of repeated offense after the defendant completed his term of punishment for murder committed against C, and the defendant did not reach an agreement with the victim.