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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On November 22, 2018, at around 13:45, the Defendant used the victim C (the age of 46) who works as a security guard of the building B while eating food as a delivery food, along with the Defendant’s daily behaviors, at the Yongsan-gu Seoul Metropolitan City square, which is located in 23:5-lane as Yongsan-gu, Yongsan-gu, Seoul, and used the victim’s face at one time in a breath, who was demanded to see that “breathing food by moving to another place”.
On February 5, 2019, the Defendant: (a) around 22:10 on February 5, 2019, the victim D (the age of 64) who had drinking together before the 118 Credit Mountain Station as Yongsan-gu, Yongsan-gu, Seoul (the age of 118) took a bath and took a bath against the Defendant, and assaulted the victim by neglecting the Defendant’s safety.
Summary of Evidence
"2019 Highest 150"
1. Defendant's legal statement;
1. C’s protocol of statement of the police station: 2019No730;
1. Defendant's legal statement;
1. Application of the police interrogation protocol to D
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Scope of punishment by law: Imprisonment with labor for one month to three years;
2. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes 1 (Determination of Punishment) (Assault) and violent crimes : 【No person who has a general assault [Type 1] [the area of recommendation and the scope of recommendation], the basic area of crime (the scope of recommendation and recommendation], and February through October; and
(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;
(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for two to one year (the maximum of crimes No. 2) for two months;
3. Where the Defendant, who was sentenced to sentence, recognized each of the crimes of this case, but committed the crime against the victim C, the victim is rather the victim at the investigative agency.