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

Punishment of the crime

[criminal history] On March 29, 2016, the Defendant was sentenced to six months of imprisonment with labor for a violation of road traffic laws at the Cheongju District Court on March 29, 2016, and completed the execution of the sentence at the Cheongju Prison on November 28, 2016.

[2] On October 16, 2017, the Defendant: (a) committed assault by plastic with the head of the victim D(57 years old) one time, which is a dangerous object in the street of “C” located in “C” in “Cheongju-si B, Cheongju-si; and (b) without any reason.

Summary of Evidence

1. Each legal statement of witness D and E;

1. Investigation report (report accompanied by photographs of plastics);

1. Previous convictions indicated in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of a repeated crime and completion of execution of punishment);

1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes [the defendant and his defense counsel] does not have any fact that the victim has been deprived of plastic as stated in the facts charged.

“Recognizing the facts charged” is denied.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., (i) the victim made a statement from the defendant that he/she suffered the same damage as the facts charged; (ii) the victim made a detailed and relatively consistent statement; and (iii) the witness E and the contents of the statement are consistent with the considerable part of the evidence, the above testimony of the victim is credibility ( although the victim made a statement as if he/she did not witness the fact that he/she did not witness the fact that he/she had observed, it is not enough to dismiss the credibility of the victim's testimony

② The wood E also reported to the police that the Defendant gets off the victim as plastic chairs in this Court.

The testimony of “E” was made, even though E is a person with a disability of class 3 intellectual disability, the testimony of the E is made.