Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 7, 2015, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court, and completed the execution of the sentence in the Sungdong detention center on October 28, 2015.
1. Around March 20, 2016, the Defendant reported the victim D (42 years of age) to get off the taxi at the front of Seongbuk-gu Seoul, Seongbuk-gu, Seoul on March 20, 2016, and assaulted the victim's face one time by drinking without any justifiable reason.
2. On April 30, 2016, around 03:45, the Defendant damaged the amount of repair costs by unloading a glass window (60cm in width, 80cm in length) owned by the victim, which is a dangerous thing at the plastic factory office operated by Seongbuk-gu Seoul (62 cm) by the victim F (62 cm).
3. At the above date, at the above time and place, the Defendant: (a) took a dangerous object, which was a dangerous object cited by the Defendant without any reason, to the left shoulder; (b) assaulted one time on the left side of the shoulder; and (c) assaulted the left side bridge.
4. The Defendant infringed on a structure by opening a factory entrance at the above date, time, and place where no correction was made without any justifiable reason, and by entering into the said factory entrance.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to F or D;
1. A written statement;
1. On-site photographs of crimes, and photographs of criminal tools;
1. Previous conviction: Application of a written inquiry about criminal history and the Acts and subordinate statutes on personal confinement;
1. Relevant legal provisions of the Criminal Act concerning the facts constituting an offense, Articles 261, 260(1) (a) (a point of special assault), 369(1), 366 (a), 319(1) (a) and 260(1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The scope of applicable sentences under law: Imprisonment for one month to one year; and
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes of assault (the scope of recommended punishment).