Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On November 15, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for an injury in the Jinwon District Court's Jinju branch, and completed the execution of the sentence in the Daegu Prison on July 22, 2017.
At around 10:00 on December 20, 2018, the Defendant: (a) at the house of Jinju City, C, which is located in Jinju City B, caused the victim D (38 years of age) that made the victim’s flag unsanitary by hand, and caused the victim to be pushed down with the wall by hand hand; (b) at the end of the hand floor and drinking, the victim’s back to the back, the number and head of the victim’s back to the back; and (c) after making the victim’s timber, the Defendant inflicted an injury, such as the victim’s hump, which requires approximately three weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. An interrogation protocol of the accused by the prosecution (including D substitute part);
1. Each police statement made to D or C;
1. An emergency medical service log, a opinion, a medical certificate, and a recordbook;
1. Previous records: Application of Acts and subordinate statutes, such as criminal records, results of inquiry and personal confinement status;
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 258 (1) of the Criminal Act, the choice of imprisonment;
1. Aggravation for repeated crimes: Reasons for sentencing Article 35 of the Criminal Act;
1. Scope of recommendations according to the sentencing guidelines: The area (type 1) to which the punishment is mitigated for general injury (type 1) caused by February to October;
2. A repeated crime was committed during the period of a repeated crime resulting from the same crime as a sentence was rendered.
On the other hand, the victim does not want punishment by mutual consent with the victim.
The degree of damage shall be taken into account.