Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal history] On May 17, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury in the Daegu District Court Kimcheon support and completed the execution of the sentence on November 16, 2017.
[Criminal facts]
1. On April 25, 2018, at around 23:30, 2018, the Defendant was in dispute with the victim E (35:35) in the 2nd bank room in Kimcheon-si, Kimcheon-si around 2018, and was in dispute with the victim E (35: Macer’s disease), which is a dangerous object on the table of the customer, two times the head part of the victim’s body was cut back to two times, and the Defendant was in an open room in need of approximately one week medical treatment for the victim.
2. The Defendant damaged a special property by throwing three beer’s disease, which is a dangerous thing at the time and place specified in paragraph 1, on the wall wall of the above Gabroom No. 2, thereby destroying property owned by the victim F, who is the owner of the above Gabroom No. 1.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the prosecution against E;
1. A written statement;
1. A medical certificate;
1. All on-site photographs;
1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on investigation (reports on previous convictions and confirmations), and application of Acts and subordinate statutes concerning personal confinement;
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a) and 257 of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act (a point of carrying and damaging dangerous articles, and a choice of imprisonment with prison labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. Application of the sentencing criteria;
(a) Special injury [the range of recommended punishment] Special Bodily Injury (the range of recommended punishment], the area of special mitigation (two months to one year) (the person who has been specially mitigated) minor injury, non-influence of punishment
(b) Special property damage [the scope of recommended punishment] Special property damage area (one month to eight months) (a person with special mitigation) is not subject to punishment.
C. From six months to one year and four months of applying standards for handling multiple crimes (the upper limit of punishment is 1/2 of the upper limit of the sentence range of special property damage in accordance with the upper limit of the sentence range of basic special bodily injury.