A defendant shall be punished by imprisonment for four months.

Punishment of the crime

1. On December 22, 2015, the Defendant of criminal records was sentenced to a suspended sentence of two years for the purpose of obstruction of performance of official duties, etc. in the Suwon District Court’s Ansan Branch, and on December 30, 2015, the judgment became final and conclusive on December 30, 2015, but on April 1, 2016 during the grace period, the sentence of the said suspended sentence was invalidated upon being sentenced to ten months of imprisonment with prison labor and medical treatment and custody due to assault, etc. by the Seoul Southern District Court, and the said judgment became final and conclusive on July 1, 2016, and on May 27, 2019, the said suspended sentence was completed.

2. Around October 17:25, 2019, the Defendant assaulted the victim’s body once, on the ground that the victim B (V, 67 years of age) who was attending the assembly at the south of the luminous Spanpan, which was 175, as Seoul Jongno-gu, for the reason that the “C release” book used by the victim B (V, 67 years of age) was not in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (Investigation of field photographing tubes images);

1. Criminal records as stated: Application of criminal records, inquiry reports, investigation reports (verification reports on repeated crimes, etc.), and statutes;

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

1. Article 35 of the Criminal Act provides that the defendant's reason for sentencing of repeated crime is more favorable to recognize the crime.

On the other hand, however, the circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., which are the conditions for sentencing and arguments in the instant records and arguments, are determined by considering the following factors: (a) the Defendant committed a crime of this case on the sole ground that he/she has a different thoughts with him/her; (b) the Defendant has been punished several occasions for the same kind of crime; and (c) the Defendant committed the crime of this case during the repeated crime period.