Text
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 this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 16:40 on September 26, 2015, the Defendant assaulted the victim C(53 years of age) on the front side of Pyeongtaek-si, on the ground that the victim C(53 years of age) does not have wage, and made the victim take care of his face, and exceeded the floor, and subsequently, committed assault, such as assaulting the victim beyond the floor.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol concerning suspect interrogation of C;
1. C’s statement;
1. Application of an injury diagnosis certificate and statutes governing damaged photographs;
1. Article 257 (1) of the Criminal Act applicable to the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The basic area (from April to June) (special person) of the sentencing criteria shall not apply (the scope of recommending punishment) general injury and the basic area (the general injury) of category 1;
2. In light of the following circumstances: (a) the Defendant has been punished several times in the same kind of violent crimes against the Defendant; (b) the fact that the Defendant did not receive a letter from the victim is disadvantageous to the Defendant; (c) the Defendant recognized the facts charged in this case and reflects his/her mistake; (d) the Defendant committed an act of drinking and contingently; and (e) the fact that the Defendant was not injured by the victim, considering the circumstances favorable to the Defendant; and (e) the Defendant’s age, character and conduct, and family environment, etc