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

Punishment of the crime

[Criminal Power] On April 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for assault at Seoul High Court on April 25, 2013, and completed the execution of the sentence at the Seoul Detention Center on August 28, 2013.

【Criminal Facts】

On April 1, 2014, around 22:10, at the defendant's house located in Yongsan-gu B and 202, the defendant argued that he would drink together with the victim C (the 44 years of age) at the house of the defendant, who was in dispute with the defendant's house in Goyang-gu B and 202 at the time of three times the head of the victim.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Previous records of judgment: Application of criminal history records, criminal investigation reports (verification of repeated crimes, confirmation of the date of release from prison), and Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the scope of recommending punishment) (the circumstances that take into account some of the developments leading to the occurrence of the instant case and that the victim and the victim have agreed smoothly): In the event that the mitigation area (4-1-2 months), mitigation area (4-1 year and 2 months), mitigation area (including special mitigation), mitigation area (including serious efforts to recover damage), or considerable damage has been restored (the decision of sentencing), the Defendant agreed smoothly with the victim (the decision of sentencing), even though there were many violences in the past, the Defendant committed the instant crime again despite the fact that the Defendant was the victim’s head, etc. to the extent that the disease is broken off, and it is inevitable to sentence a repeated crime, considering not only poor quality of the crime, but also that the period of repeated crime is the repeated crime period.

The sentence was imposed in consideration of the level, age, and reflectivity of the defendant's education.

It is so decided as per Disposition for the above reasons.