A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【The Defendant was sentenced to one year of imprisonment for special injury, etc. by the Incheon District Court on March 24, 2016, and was released on November 30, 2016 in Seoul Southern Prison on parole on the execution of the sentence, and the parole period passed on January 6, 2017.

[Criminal Facts]

1. 상해 피고인은 2018. 1. 28. 01:50 경 수원시 팔달구 B에 있는 ‘C 식당’ 앞 길에서, 특별한 이유 없이 그곳을 지나고 있던 피해자 D(25 세) 과 그 일행인 E에게 시비를 걸다가 피해자에게 욕설을 하면서 주먹으로 피해자의 얼굴을 수 회 때린 다음 피해자를 바닥에 넘어뜨리고 주먹과 발로 피해자의 온 몸을 수 회 때리고, 손에 쥔 핸드폰으로 피해자의 머리를 때리고 피해자의 머리를 잡고 바닥에 부딪치게 하여 피해자에게 치료 일수 불상의 찰과상 등을 가하였다.

2. That the defendant who damaged property will report to the police when the victim E speaks that the defendant D at the time and place specified in paragraph (1).

The defective victim, who was the victim of the defect, has set up the 6S mobile phone, and laid the 6S mobile phone on the floor and damaged it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. A damaged photograph and on-site photograph;

1. A report on the occurrence of an injury;

1. Investigation report (to hear statements by victim D phone);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, personal confinement status, and application of the statutes attached to the judgment;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of sentencing recommended according to the sentencing criteria;

A. Crimes No. 1 (Assaults) [the scope of recommendations] general injury to one type (general injury), the mitigation area (two months to one year) [the person subject to special mitigation (special mitigation)] is not subject to punishment (the extent of punishment to recover damage).