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 February 3, 2016, at around 21:30, the Defendant: (a) requested the victim D (21 tax) who is an employee to smoke from tobacco while drinking alcohol and smoking tobacco within the convenience store of the first floor of Seodaemun-gu Seoul apartment building B, Seodaemun-gu, Seoul; (b) on the ground that the Defendant was unable to smoke tobacco, the Defendant assaulted the victim on the ground that the Defendant “Is the victim’s breath,” “Is the victim’s breath, Is the victim’s breath with the hand floor, booms the victim’s face twice by drinking.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of recommendation] There is no person who does not have a basic area (two months to ten months) [the person who is subject to special sentencing] [the decision of sentencing] [the defendant has a record of criminal punishment several times due to violent crimes, etc., but has committed the crime of this case, it is necessary to strictly punish the defendant in light of the fact that the defendant committed the crime of this case.

However, considering the fact that the defendant's mistake is recognized and divided, the defendant's age, sex, environment, circumstances of the crime, circumstances after the crime, etc., various sentencing conditions as shown in the arguments of this case shall be determined like the order.