A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

[Criminal Power] On November 2, 2018, the Defendant was sentenced to one year of imprisonment for special assault, etc. at the Incheon District Court on July 8, 2019, and completed the execution of the sentence in the Ansan Prison on July 8, 2019.

【Criminal Facts】

On September 25, 2019, around 05:40 on September 25, 2019, the Defendant: (a) committed assault against the victim D (Nam, 28 years of age) who used his or her body, such as the victim’s face, item, bridge, sweet, ship, etc., or the victim of his or her body, due to drinking and production, without any special reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the defendant;

1. Statement made to D by the police;

1. Previous convictions: Criminal history records, investigation reports (the report on confirmation of criminal records of a suspect), personal confinement status, copies of the certificate of release, and the defendant's argument that the defendant was in a mental and physical state under the influence of alcohol at the time of the instant case. However, according to evidence duly adopted and examined by this court, the defendant can be found to have committed the assault in this case under the influence of alcohol even though he had the past record of punishment for committing the crime of violence under the influence of alcohol, even though he was under the influence of alcohol at the time of the instant case. Thus, even if the defendant was in a mental and physical state under the influence of alcohol at the time of the instant case, as long as the defendant himself causes such mental and physical state, the defendant's liability cannot be reduced or exempted under Article 10 (3) of the Criminal Act. Thus, the above argument by the defendant is rejected.

Application of Statutes

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. Grounds for the sentencing of Article 35 of the Criminal Act among repeated offenders [the scope of recommending punishment] [the basic area of ordinary assault: February to October [the person who is a special offender] aggravated due to aggravated grounds (a special aggravated crime): April to January [the decision of sentencing] of this case.