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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
On August 5, 2018, at around 05:16, on the ground that the defendant's wife borrowed money from the defendant's wife in front of Gangnam-gu Seoul, the defendant suffered from the victim C (25 years of age)'s face, head, and part of the neck at hand, and the face of the victim D (23 years of age) at one time in his/her hand, and caused the victim C with the head at one time in his/her hand, and suffered from the wall for about two weeks in his/her face, and suffered from injury, such as the diagnosis in the mouth and mouth, and the injury to the victim C, for about three weeks in need of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
2. Each police statement concerning C and D;
3. Application of Acts and subordinate statutes of each injury diagnosis letter;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;
2. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the defendant was sentenced to ten months of imprisonment and two years of suspended execution due to the offering of bribe at the Seoul Northern District Court on August 17, 2018, and the above judgment became final and conclusive on August 25, 2018, and the criminal facts of this case were committed before the above judgment became final and conclusive, but the criminal facts of this case are committed before the criminal record inquiry and investigation report (According to each judgment attached before and after the judgment, the criminal facts of the above final and conclusive judgment are committed by the defendant around September 201, and the criminal facts of the final and conclusive judgment are committed by the defendant around January 11, 2017, after the defendant was sentenced to a suspended sentence of imprisonment for six months at the Seoul Northern District Court on April 26, 2017, which became final and conclusive on November 25, 2017.
Therefore, even if each of the crimes of this case was committed together with the offer of a bribe for which judgment became final and conclusive, since the existence of the judgment rendered on November 25, 2017 became final and conclusive, the relationship between concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established, and the sentence shall be imposed in consideration of equity and cases where a judgment is rendered simultaneously pursuant to Article 39(1) of the Criminal Act.