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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
[Criminal Justice] On September 21, 2017, the Defendant was sentenced to a suspended sentence of two years for a special assault committed in the support of the Jung-gu District Court for the Defendant’s High Court on September 21, 2017, and the judgment became final and conclusive on September 29, 2017, but the suspended sentence was revoked on December 29, 2017, and on June 21, 2018, the Defendant was sentenced to four months of imprisonment for a special assault or a special intimidation and completed the execution of the sentence in a government prison on October 10, 2018.
【Criminal Facts】
On February 23, 2019, the Defendant: (a) 20:25, when getting a bicycle on the street in front of Goyangyang-gu C in Goyang-gu, Goyangyang-si B, on the ground that the victim D (the age of 42) who was going to her right to the right to the right of the victim was obstructed by her protruding-gu, Goyang-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Photographs of the victim;
1. He/she shall hear statements from victims;
1. Previous records of judgment: Application of criminal history records, each investigation report (in addition, such as attachment of previous records and copies of judgment, repeated crime period, cancellation of suspended execution), and statutes;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;
1. Scope of punishment by law: One month to two years;
2. Aggravation of the punishment according to the sentencing guidelines (decision of types of punishment) for violence crimes: General violence [Class 1] (excluding the types of repeated crimes in the six categories): Aggravation area of the same repeated crime (excluding the category of repeated crimes in the six categories): Aggravation area of increased punishment (excluding the recommended area and the scope of recommendation), April through June of the imprisonment;
3. Determination of sentence shall be made as ordered, taking into account the circumstances leading to the relevant case, the fact that there is no agreement with the victim, the fact that the instant crime was committed during the period of a repeated crime of the same kind, the confession and reflection of the crime, the degree of damage to the victim, the fact that the degree of damage to the victim is not much serious, and other factors such as sentencing conditions prescribed by Article 51