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A defendant shall be punished by imprisonment for not less than three months.
Reasons
Punishment of the crime
[Criminal Power] On November 25, 2010, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Toxic Chemicals Control Act at the Seoul East Eastern District Court, and was sentenced to eight months for the same crime at the Sungwon District Court's Sungnam Branch on June 24, 201, and the said judgment became final and conclusive on September 9, 201, and completed the execution of the said sentence at the Ansan Prison on October 16, 2012.
On May 22, 2014, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.) and medical treatment and custody in the same court, and on August 22, 2014, the Defendant is currently under medical treatment and custody at a public medical treatment and custody center.
【Criminal Facts】
On October 26, 2014, the Defendant: (a) around 17:30 on October 26, 2014, the Defendant: (b) held the victim D (30 years of age) as a cover of boom at the Public Medical Treatment and Custody Center 22 disease Dong-dong-dong-dong-dong-dong-dong-ro 253, which was located in 253, and (c) held that the victim will be boomed later; (d) issued a fake card; and (e) stated that “the victim will be fright down-side;” and (e) carried the victim’s boom at one time with the victim’s hand by putting the victim’s neck on his hand and cutting the victim’s neck at the left end, and caused the victim’s face by putting the victim’s neck on several occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A medical certificate;
1. Photographs description (CCTV, the upper part photograph), CCTV image CD;
1. A criminal investigation report (investigation into the confirmation ofCCTV images, etc.);
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (reports on confirmation of the facts before repeated crimes and during execution of punishment);
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Reasons for sentencing under Article 35 of the Criminal Act (limited to a previous offense, such as violation of the Punishment of Violences, etc. Act, deadly Weapons, etc.) among repeated offenders;
1. Application of sentencing criteria.