A defendant shall be punished by imprisonment for four months.

Two shall be confiscated (No. 1 and No. 2).

Punishment of the crime

[Criminal Power] On November 27, 2019, the Defendant was sentenced to 8 months of imprisonment with labor for a special assault in the Suwon District Court's Ansan Branch, and appealed and is still pending in the appeal court at the Suwon District Court.

【Criminal Facts】

At around 21:30 on September 16, 2019, the Defendant: (a) 21:30, the Defendant took care of the victim, who was a female living together, for the reason that he was hospitalized in a mental hospital, and was not under treatment at the mental hospital, and (b) took care of the victim for the reason that the victim D (the age of 59) was not a half year; (c) the victim took care of the victim; (d) 2 1:2 cm (the length of each day, 39 cm and 33 cm in length), which is a dangerous object in the Defendant’s home (the length of 22 cm, 19 cm in length, 39 cm in length, and 33 cm in length) and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the list of seized articles, records of seizure and the list of seized articles;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] (the type 4] violent crimes, repeated crimes, special intimidation (Special Intimidation) (the elements of mitigation): In cases where punishment is not granted (including serious efforts for recovery of damage), or considerable damage has been recovered, the area of mitigation of punishment [the scope of the recommended punishment and the recommended punishment], and two months to one year;

2. A majority of criminal records related to the defendant's decision of sentencing have been committed while being tried due to violence against the victim, etc.

However, there are many cases in which the defendant's mistake is against the age of the elderly, the victim wants to take the preference against the defendant, and the defendant's punishment of imprisonment for eight months is being pending in the appellate court, and other records, such as the defendant's age, occupation, character and conduct, environment, motive and means of the crime and results, circumstances after the crime, etc., and are shown in the arguments of this case.