A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 16, 2020, at around 17:10 on July 16, 2020, the Defendant, at the first floor of Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Office for the settlement of disputes, sent the victim D (if known, 41 years of age) who is a workplace partner in the office for the settlement of disputes, and brought the victim's body by hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation report of the victim’s statement (related to the verification of CCTV images at the scene of occurrence) and 112 statement on the face of the assault [the defendant asserts that he/she saw scam on the face instead of scaming the victim's scam, but in particular, according to the evidence presented by the victim and on-site CCTV images, etc., the fact that he/she scamed the victim with the victim as stated in the judgment can be sufficiently recognized (or, as stated in the crime of assault under Article 260 of the Criminal Act, refers to the exercise of physical and mental pain on the body of the person, so it does not necessarily require any physical contact with the victim, and even if the defendant sent the scam scam on the face of the victim as alleged in the judgment, the act of assault as stated in the judgment can also be sufficiently recognized as a type of exercise of the victim’s physical force.

【Application of the statute】

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not more than two years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of assault crimes [Class 1] the basic area of recommendation [the scope of recommendation area and recommendation range], the basic area of punishment, and February through October.

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;