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

On August 14, 2019, at around 17:20, the Defendant committed an assault by taking the face of the victim B (the 33 years of age) one hand without any reason under the influence of alcohol on the 5-2 platform of the 2nd line New Village platform located in Mapo-gu Seoul, Mapo-gu, Seoul, 90.

Summary of Evidence

1. Application of the respective laws and regulations in B and C

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 260 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and order to attend the course: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. Application of the sentencing criteria [decision of types] There is no person who has committed assault (general assault) (the area of recommendation and the scope of recommendation] as a basic area, two months to ten months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for six months or one year of suspended sentence, despite the majority of the records of violent crimes caused by drinking for one year, the defendant again led to the crime of this case in light of the fact that the defendant is under the influence of alcohol, it seems that the defendant needs a strict punishment.

However, considering the fact that the degree of the assault of this case is not too severe, considering the circumstances favorable to the defendant, and comprehensively taking into account all the sentencing conditions, including the age, sex, environment, and circumstances after the crime, the defendant shall be given an opportunity to repeat as a sound social person, and the sentence shall be imposed upon the defendant, and the execution of the sentence shall be suspended, and probation and alcohol treatment shall be ordered to take lectures in order to prevent recidivism.