A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Criminal facts

【The Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violence, etc. Act (joint injury) at the Ulsan District Court on August 27, 2015, and was sentenced to imprisonment with labor for four months in the same court on October 15 of the same year and completed the execution of the sentence at the racing prison on June 21, 2017.

【The Defendant, on October 22, 2017, at the “D cafeteria” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, on October 22, 2017, on the ground that the victim E (40 years of age) was refused to comply with the Defendant’s request, he left the victim’s head on the back of the victim’s head, on the hand, about 4 to 5 occasions, on the back of the victim’s face, and on the hand, twice the victim’s face, on the back of the victim’s head.

계속하여 피고인은 이에 저항하던 피해자를 테이블 위로 넘어트린 다음 입으로 피해자의 오른쪽 광대뼈 부위를 세게 물고, 피해자를 밖으로 끌어 내 어 무릎을 꿇린 후 발로 피해자의 오른쪽 눈 부위를 2회 걷어 차 피해자를 넘어트린 후 발로 피해자의 옆구리와 어깨를 걷어찼다.

As a result, the Defendant, with dangerous articles, put about three weeks of medical treatment to sugar, spawn salt, and tensions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Photographs of the victim;

1. A written diagnosis of injury;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, the results of search by prisoners, and the application of Acts and subordinate statutes on investigation reports (verification of that past record);

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 for aggravated repeated crimes;

1. The degree of injury on the grounds of sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity is heavy, and the face of the injury might have been significantly damaged, and the defendant has a large amount of force on violence. At the time of the instant case, the execution of imprisonment with prison labor due to two identical violent crimes immediately before the same type of crime, such as the criminal records, is complete.