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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[criminal history] On January 20, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor due to an injury, etc. by the Incheon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on September 27, 2016.
[2] On September 29, 2016, the Defendant found the victim E (55 years old and female) while drunkly drinking at the D Public Notice Hostel in Jung-gu Incheon, Jung-gu, Incheon at around 12:25 on September 29, 2016, and obstructed the victim’s notification telecom for about two hours by force.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, the current status of acceptance by each individual, investigation report (report on confirmation of the same type of force);
1. Relevant Article 314 (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. Sentencing criteria: Reduction area of interference with duties (one month to eight months, and no penalty is imposed);
2. Before the first head of the judgment, the Defendant had committed a repeated crime of this case against the victim, even though the Defendant was released from prison, and the Defendant had committed a repeated crime of this case against the victim.
Therefore, the defendant is sentenced to punishment.
Provided, That the term of punishment shall be determined by taking into account the fact that the defendant recognized wrong facts and reflected, and that the victim agreed with.