Seized evidence 1 shall be forfeited from the accused.

On November 30, 2016, the Defendant was sentenced to a suspended sentence of three years in the year and June of imprisonment with labor due to the crime of false entry into public electromagnetic records, etc. at Seoul Southern District Court on November 30, 201, and the judgment becomes final and conclusive on December 8, 2016.

On September 2, 2019, the Defendant: (a) around 17:05, at “C Park” located in the Gangseo-gu Seoul Metropolitan Government apartment complex B; (b) on September 22, 2019, the victim D (the victim D (the age of 70) unfortunateed against himself/herself, and went through a stick with the victim’s head, bucks, bucks, etc.; and (c) on the face of the victim due to drinking, the Defendant placed two strings in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Examination protocol of police suspect regarding D;

1. The police seizure record and the list of seizure;

1. 112 Reporting case management table;

1. A written diagnosis of injury;

1. Photographss of seized articles and photographs of each damaged part;

1. Previous records of judgment: Criminal history records, list of related cases, judgment, application of summary order-related Acts and subordinate statutes;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, it is inevitable to sentence a sentence in light of the following: (a) the degree of violence committed by the Defendant in this case or the risk of the crime itself does not seem uncomparably; and (b) the crime committed during the period of suspended execution

However, the court is ordered by taking into account favorable circumstances, such as the recognition of the defendant's wrong and reflects the defendant's mistake, the victim is not subject to the punishment of the defendant, the defendant suffers from physical disability due to mental disorder, and other circumstances that form the conditions for sentencing, such as the motive and background of the crime of this case, the circumstances after the crime, the age, character and conduct, family relationship, and health conditions.