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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[criminal history] On June 23, 2016, the Defendant was sentenced to seven 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 November 7, 2016.
[2] On December 25, 2016, at around 21:30, the Defendant: (a) expressed the victim E (55 years) who was waiting to pack food at the same place while drinking mixed alcoholic beverages at “D cafeteria” in Eunpyeong-gu; and (b) took a test cost without any justifiable reason; (c) carried the victim’s breath from the drinking house to the outside of the drinking house; and (d) carried the victim’s breath to the victim’s breath to the end of the drinking house; and (e) took the victim’s breath to the victim’s breath to the victim’s breath to the end of the drinking house; and (e) took the victim’s breath to the victim’s breath to the victim’s breath to the victim’s breath to the victim’s breath to the victim’s breath to the victim
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A photograph of parts of the victim's body;
1. Investigation reports (a copy of medical records, a certificate of access), investigation reports (a statement of the head of a restaurant business);
1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (a copy of the judgment related to repeated crimes and proof of individual confinement);
1. Relevant Article of the Criminal Act and Articles 262, 260, and 257 (1) of the Criminal Act concerning the selection of criminal facts;
1. According to the record as to the defense counsel’s assertion of Article 35 of the Aggravation Cumulative Offense Criminal Act, even though the Defendant was aware that he was drinking at the time of the instant crime, considering the following: (a) the Defendant’s background and process of the instant crime; (b) the amount of the Defendant’s ordinary share and drinking on the day of the instant crime; and (c) the Defendant’s speech and behavior before and after the instant crime, there was a lack
Therefore, the defense counsel's assertion that the defendant was in a state of mental or physical loss or mental weakness at the time of crime is without merit.
The reason for sentencing is the same kind of criminal record in favor of the defendant who recognized the crime in this court and reflects it.