A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On September 21, 2007, the Defendant was sentenced to five years of imprisonment with prison labor at Seoul High Court on September 21, 2007, and was released on November 30, 201 during the execution of the sentence, and the parole period expired on May 26, 2012.

On May 10, 2013, at around 02:25, the Defendant expressed a bath that “The victim E (the age of 51) and the victim, while drinking alcohol in Dobong-gu Seoul Metropolitan Government, followed the Defendant’s speech and drinking, followed the Defendant’s speech by hand.” On the ground that “We am kb head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head head post head head head head head head head head head head head head head head head head head head head head head, a beer who is a dangerous object on the table, and the victim faces him/her, he/she laid a eye where the victim needs to receive approximately two weeks of treatment.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and damaged photographs;

1. A written diagnosis of injury;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports, such as attachment of repeated judgments, etc.);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The defendant and his/her defense counsel in determining a state of mental health and physical disability as well as the defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation. Since the defendant alleged that he/she had a state of mental health and physical disability under the influence of alcohol at the time of the crime of this case, he/she is aware that he/she had drinking at the time of the crime of this case, but he/she did not have the ability to discern things or make decisions, in light of all the circumstances, such as the circumstances of the crime of this case

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

The reason for sentencing [type of crime] is the basic area of violent crime group, special injury, type 1 [the scope of sentence of recommendation], two years to four years of imprisonment [the sentence].