A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal Power] On January 25, 2018, the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties, etc. by the Seoul Central District Court, and completed the execution of the sentence on July 8, 2018 at the Seoul Eastern Detention Center.

【Criminal Facts】

On February 13:27, 2020, the Defendant: (a) at the customer counseling room of the first floor in Ulsan-gu, Ulsan-gu, (b) around 13:27, the Defendant provided consultation with the victim D (the age of 47) who is an employee; (b) requested an interview with the audit room staff; and (c) the victim provided an interview with the audit room, which did not constitute the matters of interview with the audit room, and (d) assaulted the victim by taking the victim’s boom with his left shoulder at one time.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. On-site CCTV CDs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

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

1. The defendant and defense counsel's assertion and results of the jury verdict under Article 35 of the Criminal Act among repeated offenders;

1. The summary of the assertion: Although there was a fact that the arms written by the defendant had contacted the part of the victim's timber, the defendant did not have any intention to assault the victim.

2. Results of the jury verdict: The grounds for sentencing on guilty (seven full-time jury verdict).

1. Scope of punishment by law: One to four years of imprisonment;

2. Aggravation of the punishment according to the sentencing guidelines (decision of type) for violence crimes: Extent of recommendation [Article 1] for general violence [Special Aggravation]: In the area of aggravation [excluding the category of repeated crimes in six categories] for the same repeated crimes (excluding the category of repeated crimes in the same type] [the area of recommendation and the scope of recommendation] for aggravated punishment, April through June of imprisonment;

3. Ten months of imprisonment with prison labor for sentencing for the jury: Four months: Four persons who are punished by a fine of four million won per person.

4. Determination of sentence: Imprisonment with prison labor for four months, the extent of assault inflicted by the defendant on the victim is relatively minor, and some of the living conditions of the defendant are considered.