A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

[criminal records] On October 24, 2012, the Defendant was sentenced to one month of imprisonment and three months of imprisonment with prison labor in Seoul Southern District Court on October 24, 2012, and was sentenced to three months of imprisonment with prison labor in Seoul Central District Court on October 27, 2016 and completed the execution of the sentence in Seoul Detention Center on December 24, 2016.

[2] On January 3, 2018, the Defendant assaulted the victim’s face and breast at around five times on the ground that the injured person, while drinking alcohol together with the victim, reported the Defendant’s assault to 112 at the house of the victim D (70) located in Jongno-gu Seoul Metropolitan Government and 101 on January 3, 2018, on the ground that he reported the Defendant’s assault to 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Previous convictions: A statement of inquiry, such as criminal history, investigation report (report on criminal records of the same kind of crime as the suspect, and reporting on the criminal records of repeated crimes), each written judgment, and one copy of the personal confinement status (the defense counsel of the defendant, who was under the influence of the defendant at the time,

Therefore, the above evidence shows that the defendant was drunk at the time of the instant case, but it does not seem that the defendant had an ability to discern things or decision-making ability. Thus, the above argument is rejected.) The above evidence is applied to the law.

1. Article 2 (3) 1 and (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. The reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes include a majority of criminal records and criminal records having served the same punishment, while the criminal defendant is repeating a repeated crime during the period of repeated crimes, while the criminal defendant is divided into crimes, agreement with the victim, and all other factors of sentencing are determined as ordered by the order.