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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[Criminal Power] On June 17, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.) at the Busan District Court, and completed the execution of the sentence in the port prison on May 23, 2018.
【Criminal Facts】
1. On June 21, 2019, the Defendant: (a) around 17:05 on June 21, 2019, around the Busan East-gu, Busan-do, the victim B (the age of 48) near the Busan-dong area No. 8 located in 206, which was dangerous for the reason that the victim B (the age of 48) was living together with a man who was in fluor and the defendant who was in fluor, was fluoring the victim’s face;
2. The Defendant assaulted the victim by means of taking the beer disease, which is a dangerous thing, to the victim, on the ground that the victim C (the age of 62) said the victim C (the age of 62) at the time and place indicated in paragraph 1 referred to “I Mara” to the Defendant.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of each police statement concerning C and B;
1. Each photograph;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports ( current status of personal confinement), and application of each copy of judgment to Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent crimes, there are a number of penalties including the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act among the concurrent crimes. The crime of this case is a crime in which the defendant was sentenced to the punishment due to the violation of the Toxic Chemicals Control Act, and the defendant was sentenced to the punishment on June 15, 2018, and was committed five days after being released from the prison on June 15, 2018, and was committed with the victim's dangerous articles without reason or motive, and it does not seem to be seriously against the victim's interest while denying some of the crimes, the defendant's age, character and behavior, and environment.