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

Punishment of the crime

【The Defendant was sentenced to two years and six months of imprisonment at the Daegu District Court due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) on January 24, 2013, and completed the execution of the sentence at the first intersection of North Korea on February 10, 2015.

[Judgment of the court below] On June 4, 2017, the Defendant told the victim D (61 taxes) to fight in a park in Daegu Seo-gu, Seo-gu, Daegu-gu, about 10:50 on June 4, 2017; however, the Defendant told the victim D (61 taxes)

“On the ground that he saw the victim’s horses, he saw the victim into the upper upper part of the upper part of the upper part of the upper part of the back part of the body where it is impossible to recognize the number of days to be treated by the victim, and walking the victim’s left chest and the right gate on one occasion, and flading the shoulder-in disease, which is a dangerous object on the floor continuously going beyond the upper part of the victim, while driving the victim up to the upper part of the damaged part, and the said shoulder-in disease flading the victim’s back to the upper part of the upper part of the body of the victim, thereby causing the victim’s injury, such as the heat of the upper part of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. On-site and photographs of damaged parts;

1. Application of Acts and subordinate statutes to report on investigation (report on the details of statements made by victim D phone calls);

1. Articles 262, 261, 260(1), and 258-2(1) of the Criminal Act related to criminal facts [the case cited by the defense counsel (the Daegu District Court Decision 2006 Gohap 911 delivered on February 7, 2007)] of the same Act, unlike the case cited by the defense counsel, the Defendant and the victim were not in a separate space. Thus, the commencement of special assault is recognized as an exercise of force against the body when the Defendant carrying out a shouldered so as to lead the victim to a physical injury.

Since then, the victim suffered injury as the victim was out of the victim's defensive act, and the victim was faced with a shoulderer disease, and there is also a substantial relation between the defendant's special assault and the victim's injury and the victim's injury.

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

1. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;