A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 31, 2015, the Defendant is a person who was sentenced to a fine of KRW 500,00 to a fine of KRW 500,000 due to an assault, etc. in the Gangnam Branch of the Chuncheon District Court on April 25, 2013; the same court on September 8, 2011; the same court on September 30, 201; the fine of KRW 3 million due to an injury, etc. in the same court on September 30, 2010; the fine of KRW 7 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (joint Injury) in the same court on April 15, 2010; and the fine of KRW 50,000 to a fine of KRW 16 years due to an injury, etc. in the same court on January 10, 207.

피고인은 상습으로, 2015. 10. 16. 02:35경 동해시 C아파트 801호 앞 복도에서, 같은 아파트 601호에 살고 있는 피해자 D(18세)이 층간 소음에 대해 항의하기 위해 701호로 찾아가려다가 층수를 착각하여 피고인이 살고 있는 801호에 찾아와 “아래층에 사는데, 위층에서 쿵쾅거리는 소리가 들려서 왔습니다.”라고 하자, "야, 여기는 8층이야, 8층”이라고 소리치며 손으로 피해자의 가슴을 10회 밀치고, 목을 2회 밀쳐 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the same criminal records and change of the name of the same crime);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that the same kind of crime shown in the judgment records has been repeated several times;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment under Articles 264 and 260 (1) of the Criminal Act;

1. A sentence shall be determined within the scope of the recommended sentences (two months of imprisonment - one year and two months: violent crimes, assault crimes, six types, and reduction areas) on the sentencing guidelines agreed with the victim, reflecting the reasons for sentencing under Article 62 (1) of the Criminal Act, and the execution thereof shall be suspended;