Text
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
[Criminal Power] On November 25, 2016, the Defendant was sentenced to imprisonment for two months and six months with labor for special assault, etc. at the Busan District Court. On December 16, 2016, the execution of the sentence was completed.
【Criminal Facts】
On July 26, 2019, at around 22:35, the Defendant exchanged chips at C casino located in Kangwon-gun B, Gangwon-do, the Defendant assaulted the victim by force on the ground that the Defendant and the shoulder Do ( South, 29 years old) suffered from chips in the course of extending outside the area to exchange chips in order to exchange chips from the rear side of the Defendant, and the Defendant changed the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Screening pictures of damaged parts, and screen pictures of CCTV images to be taken;
1. Before ruling: Criminal history records, inquiry reports, investigation reports (recidions and confirmation of the same record), and application of Acts and subordinate statutes attached thereto;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of punishment by law: One to eight years of imprisonment;
2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for violence crimes: General violence [Class 1] (excluding the types of repeated crimes in the six categories): Aggravation area of the same repeated crime (excluding the category of repeated crimes in the six categories): Aggravation area of increased punishment (excluding the recommended area and the scope of recommendation), April through June of the imprisonment;
3. The Defendant, who was sentenced to sentence, assaulted the victim at a minor trial expense.
In particular, the defendant has been punished several times for violent crimes, and was during the period of repeated crime due to the same crime at the time of the crime of this case.
The injured party is trying to punish the accused.
However, the fact that the defendant has recognized a crime and reflected in the form of punishment shall be considered to determine the term of punishment, and the punishment shall be determined as ordered by comprehensively taking into account the following factors such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.