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

Punishment of the crime

[criminal power] On September 13, 2012, the Defendant was sentenced to ten months by the Changwon District Court for a violation of the Game Industry Promotion Act and completed the execution of the sentence in the Changwon Prison on March 18, 2013.

【Criminal Facts】

On December 24, 2015, the Defendant: (a) around 00:35 on December 24, 2015, at the E-ju shop located in Busan Northern-gu, viewed the part of the victim’s clothes bearing time signals in relation to the order of singing with the victim F (the age of 47) and music; (b) brought the part of the victim’s head on one occasion, who was a dangerous object on the table of the main shop.

As a result, the defendant committed a special injury with dangerous articles and with the victim's head part being 1 cm teared.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness G;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police investigation of suspect with regard to F;

1. The investigation report (number 1);

1. Investigation report (No. 6 times, CCTV photographs attached);

1. An investigation report (for example, 13 times, G Statements of Witnesses);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (suspect A confinement records);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the crime of this case is committed during the period of repeated crime; and (b) the statutory penalty is limited to imprisonment, and thus, is inevitable.

In addition, according to the evidence described above, it is also unfavorable to deny the crime even if the facts charged are fully convicted.

However, the term of punishment is determined in consideration of the agreement with the victim, there is no punishment exceeding the imprisonment without prison labor due to the same crime, and the fact that the young children are raising, and the statutory detention is not made to resolve the residence problem of the exempted family members.