A defendant shall be punished by imprisonment for a period of five months.

Punishment of the crime

【The Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Seoul Southern District Court on October 28, 2016 and six months of imprisonment with prison labor at the Seoul Southern District Court on June 22, 2017. On January 17, 2018, the Seoul Southern District Court sentenced ten months of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on July 13, 2018.

(1) On March 23, 2018, the Defendant: (a) around 06:05, on the ground that the victim C (57 years old) lent his own awareness and used it, and did not have it on the spot; (b) on the ground that the victim C (57 years old) did not have it on the face of the victim; (c) on the ground of drinking, the victim’s face was taken several times; (d) the victim was walking on one occasion; and (e) the head face was taken one time to inflict an injury on the victim, which requires approximately four weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, C, and F;

1. A general medical certificate (No. 9 No. 5 of the evidence list);

1. Evidentiary photographs;

1. Previous convictions: Investigative inquiries about criminal history, investigation reports (verification on the completion date of the execution of punishment and confirmation of pending cases), judgment sentences, and search results of cases, the application of statutes;

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: Provided, That in light of the following: (a) the reason for sentencing under Article 39(1) of the Criminal Act; (b) the background and content of the instant crime; (c) the degree of damage; (d) the damage was recovered; and (e) the criminal records of the Defendant, including the previous offense committed by the same kind of repeated crime

However, in determining the specific punishment, it has taken into comprehensive account all the circumstances favorable or unfavorable to the defendant, such as equity in the case of judgment at the same time with the crime for which judgment has become final and conclusive, the age, career, health status, family relationship, etc. of the defendant.