A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On March 21, 2019, the Defendant was sentenced to three months of imprisonment for assault in the Busan District Court’s Vice-Support, and completed the execution of the sentence on June 24, 2019.

[2] On July 7, 2020, the Defendant assaulted the victim's face by hand on the ground that the victim B (V, 57 years old) did not hear the victim's horse, while she was protruding at the floor of the Dog-ro, Seocheon-ro, Busan, Seocheon-ro, 3, Seocheon-ro, Seocheon-ro, 3, Seocheon-do, the northwest-do, and that he did not hear the victim's horse.

Summary of Evidence

1. Written statements and photographs of the police suspect B of the suspect interrogation protocol against the defendant who has made a legal statement, and photographs of the victim;

1. Previous records on investigation reports (in relation to statements of suspects, etc.): The application of criminal records, inquiries into criminal records, reports on criminal investigations (verification of criminal records of a suspect, confirmation during the period of repeated crimes of a suspect), judgments, and the current status of expropriations by individuals;

1. Reasons for sentencing under Article 260 (1) of the Criminal Act (the point of violence) and Article 35 of the Criminal Act aggravated by repeated offense of the choice of imprisonment with prison labor for the crime;

1. 양형기준에 따른 권고 형량의 범위 ▷ 기본범죄( 폭행) [ 권고 형의 범위] 폭행범죄 > 제 1 유형( 일반 폭행) > 감경영역( ~8 월) [ 특별 양형 인자] 특별 감경요소: 폭행의 정도가 경미한 경우( 행위요소) 특별 가중요소: 동종 누범( 행위자요소)

2. The Defendant, who was sentenced to sentence, made a confession and reflect on all of the instant crimes.

The degree of assault by the defendant is minor.

However, the crime of this case was committed by the defendant for his minor reason, and the nature of the crime is poor in light of the motive, circumstance, and result of the crime.

Although the defendant had been punished several times as the crime of assault, he again committed the crime of this case, and since he again committed the crime of assault during the period of repeated crime due to assault, such as the record of the crime in the judgment, he should be punished with severe punishment.

In consideration of this point, punishment is imposed as imprisonment and other matters.