[criminal records] On March 25, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by obstructing business operations in the same court and completed the execution of the sentence in the Seoul Southern House on March 26, 2016.

[Criminal facts] On March 26, 2016, around 12:05, the Defendant resisted the victim who was under the influence of the victim C while drinking alcohol together with the entrance of the self-governing center located in Guro-gu Seoul Metropolitan City, Guro-gu, 9, and was assaulted against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, D, and E in part;

1. Partial statement of C in the protocol of interrogation of the suspect against the defendant by the prosecution;

1. Previous convictions: The defendant's assertion about the criminal history inquiry, sentence, number of individual persons, and status of confinement was judged, and his/her own effort toward the ground floor, but did not cause the victim to comply with the victim.

The facts charged in this case are asserted, but according to the evidence duly adopted and investigated by the court, it is acknowledged that the defendant was suffering from an illness to the injured party under the circumstances where the defendant can find out the victim's existence in his own rear side, and even if the article was loaded to the injured party, such act constitutes an act of assault as an exercise of force against the person. Thus, the above argument by the defendant is rejected.

Application of Statutes

1. Articles 261 and 260 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] / [the basic area of the punishment for special assault (Type 6] : June-1 year-10 [no person subject to special sentencing] / [decision of sentencing] / The defendant was released from prison for previous criminal cases after having been sentenced to imprisonment and again again during the period of repeated crime after having been released from prison for a criminal case, and the victim was injured.