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

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

Punishment of the crime

On September 18, 2016, at around 20:45, the Defendant: (a) reported the victim D (son, 15 years of age) and his/her relatives in front of the restaurant in Seoul Special Metropolitan City, Nowon-gu, the Defendant used the victim’s head as his/her hand and used the victim’s head as his/her hand on the ground that the victim’s disregarded him/her.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for suspended sentence are as follows: (a) the Defendant has been subject to punishment several times, including, but not limited to, a fine of 4 times within 10 years from the instant crime due to violent crimes, etc.; and (b) the extent of assault by the instant crime is not severe; and (c) the overall circumstances and sentencing guidelines shown in the records and changes theory, including the fact that the degree of assault by the instant crime is not severe, shall be determined as per the disposition.