A defendant shall be punished by imprisonment for six months.

The prosecution against remaining assault in the facts charged of this case is dismissed.

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to eight months of imprisonment for public performance and obscenity in the Seoul Northern District Court on August 25, 2016, and completed the execution of the sentence in the Ansan Prison on March 13, 2017.

On July 1, 2018, at around 21:10, the Defendant destroyed the property owned by the victim by the mother C (n, 66 years of age) of the Dongdaemun-gu Seoul Metropolitan Government Defendant’s mother C (n, f6 years of age) with drinking in the “D” restaurant where he works as an employee, without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. On-site photographs and damaged glass photographs;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of criminal punishment records);

1. Article 366 of the Criminal Act applicable to the crimes;

1. The summary of the facts charged of the instant assault against the Defendant, who dismissed the prosecution of Article 35 of the Criminal Act among repeated offenders, was assaulted by the Defendant at around July 1, 2018 at around July 21, 2018, when the Defendant’s mother C (the age of 66) of Dongdaemun-gu Seoul Dongdaemun-gu Defendant’s mother C (the age of 66) was able to collect the victim’s hair and make the victim’s face known to him.

The above facts charged cannot be prosecuted against the clearly expressed will of the victim under Article 260 (3) of the Criminal Act as a crime falling under Article 260 (2) of the same Act.

However, on February 13, 2019, after the prosecution of this case, the victim C submitted an application for non-prosecution to punish the defendant on February 13, 2019. Thus, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

The basic area of the first category (determination of recommendation area), the general criteria for the destruction of the sentencing guidelines (determination of a type) according to the sentencing guidelines: April to October (decision of a sentence), the defendant divided his mistake, and the damage caused by this case is not significant. However, the same kind of crime can be reported from the date when the defendant completed the execution of the sentence.