However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On November 10, 2019, the Defendant: (a) around 20:45 on November 10, 2019, the C gas station located in Gangnam-gu Seoul, asked the Defendant whether the victim D (60 years of age) who is an employee would pay high-quality gasoline, and (b) tried to use the dangerous object as his hand, with the victim’s face, with the victim’s face attached, and assaulted the victim by spiting the victim’s face.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared D and E;

1. Damage photographs;

1. Application of Acts and subordinate statutes to a investigative report (STV viewing result verification);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 261 and 260 (1) of the Criminal Act which choose a penalty;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Type 6] and no repeated crime or special assault (special assaulter] (the scope of recommendation field and recommendation range]; the basic area of recommendation and recommendation; four months to one hundred months;

2. In light of the risk, motive, method, etc. of the instant crime committed by carrying dangerous objects with the sentencing guidelines, the nature of the instant crime is not good, and the Defendant has been punished several times for the same kind of crime, and there is no effort to recover from damage, but it appears that the degree of damage of the victim is not much severe, and other conditions of sentencing, such as the Defendant’s age, character and conduct, environment, etc., are considered to be taken into account, the punishment as ordered shall be determined within the scope of recommended punishment according to the sentencing guidelines.