A defendant shall be punished by imprisonment for a period of five months.

Criminal facts

On March 24, 2016, the Defendant was sentenced to a suspended sentence of one year for imprisonment with prison labor for special larceny on August 24, 2016, and the suspended sentence was revoked, and the suspended sentence was terminated on December 9, 2017.

On July 27, 2018, the Defendant was sentenced to imprisonment with prison labor for 2 months and for 6 months for assault and violation of the Military Service Act by the Seoul Northern District Court, and the said judgment became final and conclusive on October 2 of the same year.

1. 폭행 피고인은 2018. 9. 24. 05:20경 서울 강북구 B에 있는 피해자 C(여, 24세)의 집에서, 술에 취해 아무런 이유 없이 동거하는 애인인 피해자의 왼쪽 뺨을 주먹으로 수회 때려 쓰러뜨린 후 발로 피해자의 몸통을 수회 걷어찼다.

Accordingly, the defendant assaulted the victim.

2. The special intimidation Defendant found the kitchen, which is a dangerous thing in the kitchen, at the time and place under Paragraph 1, and found the kitchen (31 cm in total length, 18 cm in knife length) which is in dispute with the victim C, and committed an act as if the Defendant would inflict bodily injury on the victim without hearing the horses of the Defendant. The Defendant, who had the kitchen knife at the victim’s hand, had the kitchen knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.).

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Photographs (No. 1 knife);

1. Previous records of judgment: Criminal records, references to criminal records, reports on the results of confirmation before each disposition, and application of Acts and subordinate statutes to investigation reports (verification of the fact that the suspect is dead);

1. Relevant Article 260(1) of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;