A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The defendant and the victim B(n, 60 years old) are neighborings who reside in the second floor of the Busan Northern-gu C Inn, Busan.

On June 16, 2019, at around 17:47, the Defendant: (a) mistakend the victim from the Defendant that she was sexual harassment; (b) caused the Defendant to have aground and pushed the body of the Defendant against the Defendant, and caused the Defendant to have his/her head on one occasion.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Records of seizure and the list of seizure;

1. Application of the crime tools and records of the suspect B damage level, on-site photographs Acts and subordinate statutes;

1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the category 6] repeated crimes, special assault [the special offender] mitigated elements: Where the punishment is not granted (including serious efforts to recover damage), or considerable damage has been recovered (the scope of the recommended punishment and the recommended punishment] mitigated areas, and February through February, respectively;

3. Determination of sentence: Four months of imprisonment with prison labor and one month of suspended sentence prices the victim's head, which is a dangerous article by the defendant. Considering the tool, method, etc. of committing the crime, the liability for the crime is not exceptionally imposed;

However, there is no criminal record over the same kind of punishment or fine for the defendant, and the defendant has committed the crime in this case. The defendant's mistake is divided, the victim has not been seriously injured, the defendant and the victim do not want the punishment of the defendant.