A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around August 10, 2017: (a) around 04:15, the Defendant: (b) committed assault on the part of the victim D (V, 51 years old) located in Gangseo-gu Seoul Metropolitan Government Branch C, on the ground that the payment was not paid in excess of the degree of use of the card in the “E” singing book operated by Gangseo-gu Seoul Metropolitan Government; and (c) assaulted on the part of the victim, etc. on one occasion, by gathering the click, which is a dangerous object on the table.

2. Special damage Defendant: (a) caused damage to the market price and the air conditioning glass by clicker, which is a dangerous object at the time and place referred to in the above “1”; and (b) caused damage to the air conditioning and glass, which is owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on field photographs;

1. Articles 261, 260 (1) (a point of special assault) and 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

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. In light of the fact that there are many criminal records of the same kind of punishment for the reasons of sentencing under Article 62-2 of the Criminal Act, and that the Defendant committed the instant crime without being aware of even though he had been in the period of suspension of execution, it is reasonable to impose the penalty upon the Defendant. However, considering the fact that the Defendant’s mistake is against the law, the damage is relatively minor, and the damage seems to require treatment within society, including the head of the gold week rather than punishment by detention, the punishment by detention shall be determined as per Disposition.