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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On February 20, 2013, the Defendant was sentenced to a fine of five million won due to the obstruction of performance of official duties, etc. in the Daejeon District Court’s Branch of the Daejeon District Court on 2013, and was punished for violent crimes 17 times. In most cases, under the influence of alcohol, the Defendant committed violence against a person who does not have any way without any reason, or damages property, or interferes with the performance of official duties by assaulting a police officer who prevents him from doing so, and the Defendant has a habit of violence.

The Defendant, around 22:40 on November 28, 2013, is running a game under the influence of alcohol in a “D” game site located in the 3rd floor, Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu.

The victim E (the 43 years of age) who is an employee of the defendant who had been divingd committed habitually assaulting the victim when the victim E (the 43 years of age) was able to have a stringer, and the body of the victim was able to be taken by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Ethical letters;

1. Criminal records;

1. Habituality: Application of Acts and subordinate statutes to recognition of violence habits in light of the defendant's criminal records, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind; and

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Determination of Punishment] Violence Crimes of Type 6 (Habitual, Cumulative, Special Violence): In prison labor for the mitigated area of punishment [Determination of the recommended area]: Imprisonment with prison labor for April to January 1 (whether a general person is subject to mitigation of punishment or not): Major positive factors factors [whether a sentence of imprisonment is suspended or not for not less than 5 years]. Major positive factors factors of the same criminal records (not less than 3 times a fine): At least 2 times, the general positive factors of the suspended sentence are to be considered: contingent crimes, serious reflects [Determination of a sentence], despite the repeated punishment of the defendant, the defendant continues to commit the same kind of crime.