Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 28, 2016, around 23:10 on September 28, 2016, the Defendant assaulted the victim D (the 54 years old) who was waiting for the bus at the bus stops located in Busan Jung-gu, Busan, with “Woo” without any reason, and assaulted the victim, such as using the back water part of the victim who was waiting for the bus at the bus stops, at one time on his/her hand, and her hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made with D;
1. The investigation report (one-time 3), the application of photographic Acts and subordinate statutes;
1. Article 260 (1) of the Criminal Act and the choice of punishment for the crime, Articles 260 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] When the degree of assault is minor (1 to 8 months) in the mitigation area (1 to 1 month) [the person subject to special mitigation] (Article 1, 6, and 7) and the scope of the comparative sentence between the sentencing range and the recommended sentencing range: January to 8 [the sentencing decision], within the scope of the above sentence according to the sentencing guidelines, one month to 8 months (the sentencing decision], the defendant notifies the defendant of the failure later in writing that the defendant would have agreed to pay a certain amount of amount in the criminal conciliation, and that there was a prior conviction of the same kind of suspended sentence, but before 26 years, Article 51 of the Criminal Act should be considered.