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

Punishment of the crime

[criminal history] On November 24, 199, the Defendant was sentenced to 8 years of imprisonment with prison labor for murder at Seoul High Court, and on January 14, 2016, the Seoul Eastern District Court sentenced to 2 years of suspension of execution for six months of imprisonment with prison labor for bodily injury. On June 13, 2017, the Seoul Eastern District Court sentenced 10 times of ten years of imprisonment with prison labor for assault, and on December 7, 2017, the above judgment became final and conclusive on December 15, 2017.

[2] On June 28, 2017, around 10:15, the Defendant used the victim’s face part twice in his/her hand while she called “Ne D” to the victim C (S 42) who was seated in the atmosphere room in Seoul Dong-dong detention center located in Songpa-gu Seoul, Songpa-gu, Seoul. On June 28, 2017, the Defendant assaulted the victim by taking the victim’s face part strongly once he/she moved to the ward.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Each service report;

1. Records of judgment: Application of inquiry letter, such as criminal history, investigation report (such as attachment of a written judgment on a suspect and output of a summary order), investigation report (ex post facto concurrent crimes confirmation of a suspect), and Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing under Article 39(1) of the Criminal Act is that the defendant confessions and reflects the instant crime, and the punishment shall be determined in consideration of equity with the case where the judgment becomes final and conclusive simultaneously with the case where the judgment is rendered.

However, the defendant was not only subject to criminal punishment on several occasions for the same crime, but also committed the crime of this case during the period of probation and the execution of imprisonment for the same crime, and did not agree with the victim.

In addition, the punishment shall be determined as ordered by taking into account all other reasons for sentencing shown in the records.