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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[Criminal Justice] On August 19, 201, the Defendant was sentenced to 8 months of imprisonment with prison labor due to an injury, etc. at the Cheongju District Court on August 19, 201, and on August 27, 2011, and the said judgment became final and conclusive and is still under suspension of execution.
【Criminal Facts】
At around 02:00 on November 19, 2012, the Defendant, at the restaurant of “D” located in Heungdong-gu, Chungcheongnam-gu, Cheongju, for the reason that women-friendly job offers E, victim F (n, 33 years of age) and drinking alcohol had taken care from the victim, the Defendant: (a) taken the head of the victim one time as a smaller who is a dangerous object on the table; and (b) sustained the victim’s face at least three to four times by drinking, and (c) sustained injury, such as a non-fringing the victim in need of treatment for about four weeks.
Summary of Evidence
1. Defendant's legal statement;
1. The statement of each police officer made to F and G;
1. A written diagnosis of injury;
1. Previous convictions indicated in judgment: The provisions of Acts and subordinate statutes shall apply to criminal records, previous records of disposition and report on results of confirmation, and investigation reports (report attached to judgment, etc.);
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the defendant was sentenced to suspended sentence for the same kind of crime and again committed the instant crime. The Defendant’s crime of this case is a dangerous thing that the victim was inflicted with serious injury on the victim and the Defendant did not agree with the victim, and is disadvantageous circumstances such as the fact that the Defendant violated the victim’s age, character and conduct, family relationship, background and consequence of the instant crime and the circumstances after the crime, etc., together with favorable circumstances such as the Defendant’s age, personality and conduct, family relation, criminal history and consequence, and the following circumstances.
It is so decided as per Disposition for the above reasons.