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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
On August 29, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a habitual group, deadly weapon, etc.) at the Changwon District Court on the charges of violation of the Punishment of Violences, etc. Act, and on April 28, 2017, the Defendant completed the execution of the sentence at the first intersection of the North Korean Peninsula.
On April 28, 2017, the Defendant released from the first intersection of the North Korean Island on April 28, 2017, and went to work and live in the D church located in Innju City C, and the victim E (the age of 49) was living in the said D church like the Defendant.
At around 23:05 on June 28, 2017, the Defendant was suspected of damaging the rooftop entrance from the pastors of the D church at the residence of the Defendant located in the above D church 202 heading room, and was able to take a bath in a mixed-level manner, with the view of drinking. While under the influence of alcohol, they were under the influence of alcohol, by misunderstanding that the victimized person was able to take a bath for himself/herself, and thus, they were able to take a bath between them.
그러던 중 피고인은 화가 나서 옆에 있던 선풍기를 피해자에게 집어던졌는데, 피해자가 계속하여 “ 덤벼 봐, 더 해봐! ”라고 도발하자 피고인은 더욱 화가 나서 “ 씨 발 죽여 버린다 ”라고 욕설을 하면서 창가 옆 연필꽂이에 두었던 위험한 물건인 과도( 칼날 길이 8cm )를 집어들고 피해자를 향해 위협적으로 휘두르다가 위 과도로 피해자의 왼쪽 팔 부위를 찔렀다.
As a result, the defendant carried excessive goods, which are dangerous goods, brought up the victim with a perfect side of the lower court before the left-hand side in need of treatment for about four weeks.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol with respect to E;
1. A medical certificate;
1. Written inquiry about criminal history, etc.;
1. Investigation report (verification of suspect, repeated crime, and record of the same kind);
1. Application of statutes governing judgment;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The risk of applying Article 35 of the Criminal Act to aggravated repeated crimes, and the defendant's same crime.