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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 records] On February 7, 2013, the Defendant was sentenced to six months of imprisonment by the Chuncheon District Court for interference with the execution of official duties, and completed the execution of the sentence on January 26, 2014.
[Criminal facts] From October 7, 2015 to 16:05 between 14:32, 2015 to 16:05, the Defendant: (a) a large amount of bit bitch bitch bitch f, and the victim G (51) who were drinking together with the victim while drinking alcohol at D E’s house located in Chuncheon City; (b)
In order to hear the breath of “the victim’s left side part of the victim”, the victim’s breath caused the victim to go beyond the victim as fast as the Defendant’s right part of the Defendant’s hand, and the victim committed assaulting the victim’s breath by using breath’s breath with breath and breathing the victim’s breath, thereby causing injury to the victim, such as the snow left part of the treatment days and the part above the breath part.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of the witness H and E;
1. Statement made by the police with respect to F;
1. A written appraisal of autopsy, a report on the results of investigation by a person who has made a change, and a reply to an appraisal;
1. On-site photographs of the case;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;
1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;
1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;
1. Punishment by law: Imprisonment with prison labor for not more than 14 years;
2. Recommendation type on the sentencing criteria: Imprisonment with prison labor for six months to three years (the scope of recommendation), general aggravation area (six months to three years) of the special aggravation area (the special aggravation area) (six months to three years), the injury inflicted on the victim who is vulnerable to the crime, and the scope of sentence compared with the recommended sentence: Imprisonment for six months to three years.
3. Determination of sentence: Imprisonment with prison labor for one and half years; and
4. The Defendant assaulted the victim as indicated in the judgment, thereby causing injury to the victim, such as the left eye of the number of days to be treated, the part on the left side and the part on the left side of this end.
The victim was suffering from alcohol dependence for a long time, so the victim was vulnerable to violence, and the victim actually suffers severe injury on the left-hand side.