A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On December 24, 2015, the Defendant was sentenced to eight months of imprisonment for damage to public goods by the Daegu District Court on December 24, 2015 and completed the execution of the sentence in the Seoul Southern District Court on July 7, 2016.

On January 25, 2017, at around 21:40, the Defendant inflicted injury on “D” located in Yeongdeungpo-gu Seoul Metropolitan Government, Seoul Metropolitan Government, on the ground that the Defendant was able to go to knick to knick, and the Victim E (65 years old) who was a guest to knick to knick, and the Victim E (65 years old) was in need of treatment for about seven days due to drinking, and was in the open room in the surrounding snow area.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F or E testimony;

1. A photograph of the upper part of the body;

1. A medical certificate;

1. A previous conviction: The Defendant alleged that his criminal history inquiry and the Defendant’s assertion on the status of acceptance by an individual was an act to defend the victim in the situation where breath has become difficult due to breathing, and thus constitutes a legitimate defense. However, according to the evidence examined earlier, the Defendant cannot be deemed as a legitimate defense, inasmuch as the Defendant led the victim to the stage, leading the victim to the stage.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 257 of the Criminal Act, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the recommended punishment] General In the case where: (a) minor mitigation area (one month to one year); (b) minor injury (including efforts to recover damage) minor mitigation area; (c) punishment not to be imposed (including serious efforts to recover damage); or (d) considerable partial damage has been recovered (a decision to punish a defendant] four months of imprisonment with prison labor; (d) the defendant has had the same record on several occasions; (e) there are unfavorable circumstances such as the crime of this case during the period of repeated crime; (e) there are favorable circumstances such as the agreement with the victim.

It is so decided as per Disposition for the above reasons.