A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On January 8, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for robbery injury at the Gwangju High Court, and completed the execution of the sentence in the first prison of the Gyeongbukbuk District on April 18, 2019.

【Criminal Facts】

The defendant and B (the defendant and the defendant were sentenced to one year and four years of imprisonment on October 31, 2019, and the court of appeal pending in the court of appeal) are relatives.

On June 9, 2019, the Defendant and the victim E (the 33 years of age) who had been making a breath in the past No. 33 years of age) in the street near the D drinking house in the city where the Defendant and B had a breath around the new wall breath of 2019. The Defendant and the victim were breathly drinking in the above drinking house, and the Defendant and the victim were breathing the other party’s breath while drinking the alcohol.

이에 B은 같은 날 04:00경 위 술집 앞 노상에서 피해자에게 ‘그만하고 집에 들어가라’라고 말을 하였으나 피해자가 이를 따르지 않았다는 이유로 화가 나 주먹으로 피해자의 얼굴을 2회 때려 피해자를 땅에 쓰러뜨리고, 피고인은 쓰러진 피해자에게 달려 가 발로 피해자의 머리 부위, 어깨 부위, 등 부위를 각 1회 걷어차고, B은 발로 피해자의 머리 부위를 재차 1회 걷어차고, 피고인은 발로 피해자의 몸통 부위를 재차 1회 걷어찼다.

As a result, the Defendant, in collaboration with B, inflicted injury on the victim, such as blood transfusion under the trauma of an external trauma which does not have an open address for about 8 weeks in need of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Each police statement made to F, G, and H;

1. A written statement of I and J;

1. A medical certificate;

1. Video Cd;

1. Investigation report (to hear the victim's statement by telephone), telephone recording CDs;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (prior to and confirmation of repeated crimes), copies of judgment, and current status of accommodation of individuals;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. The following circumstances are the reasons for sentencing Article 35 of the Criminal Act among repeated offenders.