A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 8, 2018, the Defendant issued a summary order of one million won as a crime of assault at the Seoul Southern District Court on March 8, 2018, and the records of the same violent crime are four times.

On June 19, 2019, at around 09:02, the Defendant committed assault on the part of the victim by getting off the part of the victim at the 2 line platform from the Dogcheon-ro 351, Guro-gu, Seoul, on the ground that the head of the victim (n't, 29 years of age), who was waiting for a train from the victim B (n't, 29 years of age), was subject to the Defendant's abscence, etc. on the part of the victim. On the same day, around 09:12, the Defendant abusedd the victim from the 2 line platform in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, on the ground of the above reasons, on the part of the victim's abscence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. B written statements;

1. Damage photographs;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of identical violent power of a suspect);

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

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

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant, even though having been punished for the same kind of crime several times, assaulted the victim first time on the road for the reason of his minor negligence, and did not recognize the mistake, such as justifying violence due to a defense that is difficult to easily understand until now, there is room to deem that strict punishment is necessary.

However, the following factors are comprehensively taken into account: (a) the Defendant’s health is not good due to a considerable old age; (b) the degree or result of violence is not significant; and (c) there is no record of punishment heavier than a fine; and (d) the motive and circumstance of the instant crime as indicated in the trial process and the record; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age, character and conduct, and economic conditions.