A defendant shall be punished by imprisonment with prison labor for four months.

Criminal facts

[Criminal Power] On December 8, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual Violence) in the branch court of Suwon District Court on December 8, 2014, and completed the execution of the sentence at the Seoul Southern District Court on June 29, 2015.

【Criminal Facts】

At around 16:00 on February 25, 2016, the Defendant took a bath to the victim on the ground that the subway 2 line 351, which is located in the Dogcheon-ro, Guro-gu, Seoul, was replaced by the victim C (the age of 59) was not good, and that the victim C (the age of 59) was changed to his/her own, and the Defendant continued to brush the victim one time and put the victim a brush and assault against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement by the prosecution against C;

1. Abrush photographs;

1. Before judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] Violence (Type 1): In the basic area of ordinary assault (Type 1): February to October (Special Aggravation) and the reason for mitigation (Minor Assault) and the reason for aggravation (the reason for mitigation) are all the factors of the act (the reason for mitigation). Therefore, mitigation is given priority: January to August 8 [Pronouncement Decision], the extent of violence that was committed in the course of the instant crime, the circumstances in which the Defendant recognized his mistake, and other various conditions of imprisonment as to the Defendant, taking into account the Defendant’s age, character and conduct, health, criminal history (in particular, the fact that the Defendant is a criminal during the period of repeated offense), and the circumstances after the instant crime, etc., the sentence of imprisonment was to be imposed as ordered against the Defendant.

It is so decided as per Disposition for the above reasons.