A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

The Defendant was sentenced to one year of imprisonment with prison labor at the Gwangju District Court on October 16, 2013 and completed the enforcement of the sentence on August 28, 2014, and the record of violent crimes, such as the crime of injury, reaches 56 times.

피고인은 2014. 10. 24. 02:45경 성남시 수정구 C에 있는 D 술집에서, 술집 주인인 E에게 술값 외상을 요구하였다가 거절당하자, “야 씨발년아 왜 외상이 안 되냐”라고 욕설하던 중, 이를 지켜보던 술집 손님인 피해자 F(51세)로부터 “그러시면 되냐, 술값 계산하고 가라”라는 말을 듣자 화가 나, 피해자에게 “야 이 개새끼야. 네가 뭔데 상관이냐, 저리 꺼져”라고 하면서 피해자의 멱살을 잡고 이마를 밀쳐 바닥에 넘어뜨리고, 피해자 배 위에 올라타 멱살을 잡은 상태로 뒤로 피해자 머리를 흔들어 약 3회 머리가 바닥에 찧게 하였다.

As a result, the defendant habitually injured the victim about about 14 days of medical treatment, such as brain salvin, saliva and saliva, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Investigative report (in cases of habitualness of a suspect and changes in applicable provisions of Acts);

1. Written opinions and photographs of victims;

1. Previous records: Investigation protocol of the accused by the prosecution, investigation report (the search and decision of the accused, notification disposition shall be accompanied by the judgment of the same force);

1. Habituality of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the fact that the person was sentenced to criminal records, circumstances of crimes, criminal records, and the same kind of crime and was committed again within the short time after being released from the sentence;

1. Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the crime;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 (see the following reasons for sentencing) of the Criminal Act for discretionary mitigation are the same crimes.