A defendant shall be punished by imprisonment for six months.

Criminal facts

On May 14, 2014, the Defendant: (a) around 22:00, at Guro-gu Seoul Metropolitan Government on the ground that the Defendant was faced with the victim D (n, 22 years of age) and shouldering the paths in the opposite part; (b) while taking the victim’s bath, the Defendant got the victim to go beyond the ground floor by making the victim take a bath once.

Accordingly, the defendant committed assault against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant asserts that the Defendant was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. According to the evidence duly adopted and examined, although the Defendant was in a certain state of drinking, the Defendant did not have the ability to discern things or make decisions due to the fact that he did not have the ability to discern things.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Grounds for sentencing under Article 260 (1) of the Criminal Act with respect to the facts constituting the crime;

1. Scope of recommendations: Six months to one year, respectively, in the basic area of violence (03 assault); and

2. Special supporters: None of the persons;

3. Determination of sentence: The defendant expressed his/her intention that his/her mistake has been divided several times after the instant case, but this case was committed by the defendant during the period of the suspension of the execution of imprisonment for previous violent crimes, the defendant has the record of being sentenced to a fine due to violent crimes in addition to the above suspended sentence, and other various sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, were taken into account.

It is so decided as per Disposition for the above reasons.