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

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

Punishment of the crime

On August 25, 2015, at around 23:00, the Defendant used tobacco smoking from the victim C (the 34 years of age) who was a resident of Pyeongtaek-si in front of it, to take a snick into the house, and was snicked with the victim’s breath, and used two times as a snick hand, thereby committing violence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on photographic records;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Where the degree of violence (special mitigation) in mitigation area (one month to eight months) is minor (one, six, and seven types) is minor in application of the sentencing criteria (the scope of recommendation);

2. Determination of sentence: (a) the Defendant recognized the facts charged of this case and reflects his mistake; and (b) the degree of assault is somewhat minor; (c) the Defendant committed the instant crime again despite the fact that he had been punished 16 times as the same kind of violent crime; and (d) the fact that the Defendant’s use of violence to the victim who resisted the Defendant’s smoking is not good, etc., taking into account the circumstances unfavorable to the Defendant; and (e) taking into account other circumstances indicated in the records, such as the Defendant’s age, character and behavior, family