Defendant shall be punished by imprisonment for a term of one year and six months.

Criminal facts

On July 9, 2014, the Defendant was sentenced to imprisonment with prison labor for two years and six months at the Busan District Court on July 9, 2014, and completed the execution of the sentence on October 13, 2016.

On January 18, 2017, the Defendant suffered bodily injury from the victim E (the remaining, 48 years of age) at the care room of 501 located in Seo-gu Busan, Seo-gu, Busan around January 21, 2017, on the ground that he found the victim E (the remaining, and 48 years of age) and demanded the amount of credit alcohol, and caused the victim to suffer bodily injury for about three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written diagnosis of injury;

1. A photograph of an injury part of the victim;

1. Previous convictions indicated in the judgment: References to inquiries, such as criminal history, investigation reports (prior convictions and reports of suspects A, and records of violent crimes of suspects A) and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 14 years;

2. Scope of recommended punishments on the sentencing criteria: From four months to one year and six months [the type of determination] violence, the general injury (the general person in charge of sentencing): Reduction element: Basic area of the same repeated offense [the scope of recommended punishment, the scope of recommended punishment], the basic area of the same repeated offense [the scope of recommended punishment], the imprisonment between four months and one year and six months.

3. The defendant who was sentenced to a sentence has paid 50,000 won to the victim under the pretext of agreement, and the victim does not want the punishment of the defendant.

This is the circumstances favorable to the defendant.

However, even though the Defendant had been sentenced 20 times to imprisonment with prison labor due to violent crimes before committing the instant crime, the Defendant again committed the instant violent crimes even though it had completed the final execution of imprisonment with prison labor, and around three months.

In light of the method of the Defendant’s use of violence or the part of the attack, the crime of this case is highly likely to harm the safety of the victim’s body, and in fact, the degree of injury inflicted on the victim is not easy.

In addition, the argument of this case is discussed.