Defendant shall be punished by imprisonment for a term of one year and four months.

Punishment of the crime

[Criminal Power] On January 17, 2019, the Defendant was sentenced to 8 months of imprisonment with prison labor for assault, etc. at the Gwangju District Court on June 25, 2019 and completed the execution of the said sentence.

The detention was cancelled on May 13, 2019 when the number of days of pre-trial detention was eight months.

However, the term of punishment is calculated from the date when judgment becomes final and conclusive (Article 84(1) of the Criminal Act); and the number of days of detention prior to sentencing is included in the imprisonment term, etc. (Article 57(1) of the Criminal Act); thus, the execution of sentence should be deemed to have been completed by including the number of days of detention pending trial, which is the date when the above judgment became final and conclusive (Article 57(

Meanwhile, for the same reason, each of the facts charged in the instant case is both a crime committed before the said judgment becomes final and conclusive and a concurrent crime under the latter part of Article 37 of the Criminal Act (see, e.g., Supreme Court Decision 2018Do17051, Jan. 10, 2019). The said judgment does not constitute a judgment that constitutes a ground for aggravation of repeated crimes.

【Criminal Facts】

1. On June 19, 2019, at the main point of "C" located in Seo-gu in Gwangju, Seo-gu, Gwangju, about 05:05, along with the victim D(35 years of age), the Defendant was aware of his/her own violent nature as "B well fighting and brought about imprisonment with prison labor." The victim was aware of the complaint that "the reason for the victim to make such a speech is able to do so," and the victim was broken by gathering the main disease, which is a dangerous object on the table, and caused a shoulderer's disease to be "to throw away the dead body," while threateninging the victim's face part of the victim's face by drinking, and asking the victim's left hand over, and assault the victim by asking him/her.

As a result, the defendant set the victim's second left-hand side, the second left-hand part of the wall, the upper left-hand part of the wall, the upper-hand part of the body, the closure of the body, and the multi-faceted part of the body.

2. On June 19, 2019, the Defendant received reports on obstruction of performance of official duties and injury at the scene of the assault prescribed in paragraph (1) of the said Article at around 05:36.