A defendant shall be punished by imprisonment for four months.

Punishment of the crime

피고인은 2020. 7. 31. 21:05경 경북 청송군 진보면 양정길에 있는 경북북부제1교도소 B실에서, 같은 방에 수용되어 있던 평소 사이가 좋지 않은 피해자 C(남, 47세)이 웃고 떠드는 모습을 보고 화가 나, 볼펜을 쥔 오른 주먹으로 피해자의 얼굴 부위를 1회 때리고, 이어서 “야 이 새끼야, 사람 무서운 줄 모르는 새끼네”라고 말하며 오른 주먹으로 피해자의 얼굴 부위를 1회, 뒷머리 부위를 2회 때려 피해자에게 치료기간을 알 수 없는 오른 눈 밑 2cm 길이의 열상과 약 3주간의 치료가 필요한 비골의 골절의 상해를 가하였다.

Summary of Evidence

1. The defendant's legal statement C and each police statement of D;

1. Application of Acts and subordinate statutes concerning diagnosis of each service report in C and D, photographs of parts damaged by violence, and photographs of assault tools;

1. The sentencing factors indicated in the pleadings of the instant case, such as the pertinent Article of the Criminal Act, Article 257(1) of the Criminal Act regarding the crime, the reasons for sentencing of the choice of imprisonment, and other factors, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

The favorable circumstances: The defendant recognizes his/her mistake, repents in depth, does not have a mental health condition, and the victim does not want the punishment of the defendant by mutual consent with the victim.

In light of the Act on the Punishment, etc. of Sexual Crimes and its pricing, the Defendant is not guilty of committing the instant crime, and the Defendant has been punished six times (five times of imprisonment and one fine) due to violent crimes. In particular, during the several years of imprisonment, the Defendant was sentenced to 15 years of imprisonment with prison labor at the Daegu District Court on April 15, 2016 as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.), and the said judgment becomes final and conclusive on November 10, 2016, and is currently being executed.

The crime of this case was committed again without being aware of.