Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Incheon District Court, and the judgment on December 10, 2015 became final and conclusive on December 10, 2015.
On August 13, 2015, around 16:20 on August 13, 2015, the Defendant, in front of the Defendant’s house located in Incheon Strengthening-gun C, destroyed the victim D (77 tax) who left the Defendant’s house to board directors by drinking alcohol in excess of the victim’s left eye, and sold the bridges with the victim, etc. to drinking and bridge, and caused injury to the victim, such as internal and bridge, in need of approximately four weeks of medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Photographs and written diagnosis of injury;
1. A previous conviction: A written inquiry about criminal history, text of judgment (2015 order 5,203 order 5,203 order) and application of a summary information-related statute;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) recognizes and reflects the instant crime; (b) the criminal records as indicated in the judgment of the instant crime and the facts that there are concurrent crimes prescribed by the latter part of Article 37 of the Criminal Code are more favorable; (c) the instant crime is committed by the Defendant without any special reason by assaulting the victim who is 77 years old, and its nature is not very good; (d) the Defendant committed the instant crime despite the fact that he was punished for the same kind of crime; and (e) the fact that the Defendant did not reach an agreement with the victim is less unfavorable considering the Defendant’s age, sex behavior, environment, motive and background leading to the instant crime, and circumstances after the instant crime, and shall be determined as per the Disposition.