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

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. from the Seoul Southern District Court on July 18, 2017 and completed the execution of the sentence in the Seoul Southern District Court on January 13, 2018.

[ 범죄사실] 피고인은 2018. 1. 13. 14:00 경 서울 영등포구 C에 있는 피해자 D( 여, 70세) 가 운영하는 ‘E ’에서, 술에 취해 들어가 아 무 이유 없이 피해자와 그 곳 손님들에게 교도소 출소 확인 증을 보여주며 “ 씹할 년 아 술 가져와 라, 나 오늘 교도소에서 출소했는데 까불면 다 죽여 버린다, 씹할 새끼야, 뭘 쳐다보냐

For about 25 minutes, such as referring to a large sound, referring to a bath, which interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, G, and F;

1. Previous convictions indicated in judgment: Investigation report (Attachment of results of search by prisoners), application of Acts and subordinate statutes governing criminal history;

1. Relevant Article 314 of the Criminal Act concerning the facts constituting an offense and Article 314 (1) of the Criminal Act concerning the selection of punishment;

1. The defense counsel on the assertion of counsel under Article 35 of the Aggravation of Aggravation of Cumulative Offense Act asserts to the effect that punishment should be mitigated because the defendant was in a state of mental and physical weakness by drinking at the time of committing the crime.

According to the records, even though the defendant was under the influence of alcohol at the time of committing the crime of this case, it does not seem to have reached a state of mental and physical weakness. Thus, the above assertion is rejected.

The sentence was determined by taking into account the following circumstances: (a) agreement with the victim on the reason of the sentencing with the victim; (b) there was a criminal record of the judgment that constitutes the reason for disqualification for suspended sentence; (c) the day the defendant was released from the prison; and (d) the defendant’s age, sexual conduct, environment, motive and consequence of the crime; and (d) the circumstances of sentencing