A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On January 18, 2019, at around 11:40, the Defendant: (a) brought about the following grounds: (b) around the first floor of the B Apartment-dong, Namwon-si, and (c) on the ground that the victim D (the age of 71) who is a neighboring resident D (the age of 71) expressed a desire for the Defendant, the Defendant brought about the victim’s arms by his hand; (b) caused the victim’s chest to the upper part of his chest; and (c) caused the victim’s shoulder to go back to the elevator again, and (d) caused the victim to go up to the lower part of the victim’s shoulder that he want to get out of the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. 112 Reporting case handling table; and

1. Application of CCTV photographs, such as field photographs, CCTV closure photographs and CCTV-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 257 (1) of the Criminal Act of the option of imprisonment for a crime;

1. The scope of punishment by law: Imprisonment for not more than seven years;

2. The scope of recommendation [decision of types] according to the sentencing criteria: There is no general injury (type 1) (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], four months to one year and six months; and

3. Determination of sentence: Determination of sentence shall be made in consideration of the following circumstances in the period of eight months, taking into account the defendant's age, character and conduct, environment, motive, means and result of the crime, various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime, and the scope of recommended sentences in the sentencing criteria, as shown in the order.

[Unjustifiable circumstances] The Defendant had a record of having been sentenced to suspension of indictment or criminal punishment for the same crime several times, and in particular, on December 11, 2018, at the support of the Southern District Court of the Jeonju District, the Defendant was sentenced to the suspension of execution for 8 months for special assault, etc., and was sentenced to the instant crime without being aware of the fact that he had been under the suspension of execution.

The type of force used by the defendant and the degree of injury suffered by the victim is not easy.

Nevertheless, it is not appropriate.