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A defendant shall be punished by imprisonment 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.
Reasons
Punishment of the crime
around 18:30 on May 13, 2018, the Defendant: (a) considered that the victim D (57 years of age) was able to take a bath in the mixed-form language in the front of the city located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around 18:30 on May 13, 2018; and (b) assaulted the victim of buckbucks, i.e., when the head of the victim was bucked and bucks.
On May 10, 2018, the Defendant: (a) around 23:55, the victim G (19 tax) who was under the influence of the Defendant’s 1st Eth floor in Yeongdeungpo-gu Seoul Metropolitan Government on May 10, 2018; (b) expressed the Defendant’s desire to “Simine, E. E. E. E. 1st, E.,” and assaulted the Victim at strokes of the Victim by both hand and shoulder.
Summary of Evidence
1. The defendant's statement in court (2018 highest 4727);
1. Written statements of D "2018 Highest 4834";
1. Application of the G’s written Acts and subordinate statutes;
1. Article 260 (1) of the Criminal Act and the choice of punishment for the crime, Articles 260 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation / 【Scope of recommendations in accordance with the standards for handling multiple crimes (Type 1) / The basic area of ordinary assaults (Type 1) [2 months - January 1 year] / 3 months / 1 year / 1 year ] The repetition of violence lacking reasonable reason for an unspecified person belongs to the creation of uneasiness that causes to civil society, and
However, the separation between the parties shall be carefully treated in the society, considering the fact that the signs of discharge do not peep at closed ward, the principle of equity with the case of consolidation in the separate appellate case, and the necessity of treatment to prevent recidivism permanently rather than detention that can be limited to short-term isolation.
The punishment for a period of four months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for a period of one year on condition of protection observation for the prevention of recidivism.