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A person shall be punished by imprisonment with prison labor for one month with prison labor for a crime of No. 2 in the judgment of the defendant, and by imprisonment for two months.
(b).
Reasons
Punishment of the crime
On December 2, 2015, the Defendant was sentenced to four months of imprisonment with prison labor for obstruction of performance of official duties and for assault in Seoul Southern District Court on February 24, 2016, and the said judgment became final and conclusive on March 29, 2016, and completed the execution of sentence in Seoul Southern District Court on March 29, 2016.
1. Around 06:00 on February 2, 2016, the Defendant expressed that, under the above judgment, the Defendant was in a prison life at the Seoul Southern-ro, Guro-gu Seoul Metropolitan Government 865, the victim D (Nam, 72 years of age) who is gred in the same room did not appear in the mind of cleaning, and made a threat to the victim’s face due to drinking, at the risk of greding the victim’s eye, and threatening the victim’s eye.
2. From 02:00 on February 27, 2016 to 02:30, the Defendant assaulted the victim’s her son on the ground that the said victim D remains while sustaining his nose at the Seoul Southern-gu, Seoul, and on the ground that the said victim D remains, on the ground that the victim’s her son was boomed three times of walking.
Summary of Evidence
1. Each legal statement of witness E, F and G;
1. Statement of each police statement related to D and G;
1. Previous convictions in judgment: Criminal records, investigation reports, personal identification and confinement status, summary information inquiry of cases, application of statutes governing judgment;
1. Article 260 (1) and Article 283 (1) of the Criminal Act applicable to the crime and Article 260 (1) and Article 283 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning concurrent crimes (it is between the crimes of obstruction of performance of official duties and intimidation as stated in the first head of the crime committed in the judgment);
1. Article 62 (1) of the Criminal Act;
1. The part of the crime of assault in the judgment on the reason of sentencing in Article 62-2 of the Social Service Order Act [the scope of recommendation] of the crime of assault in the judgment on the reason of sentencing, falls under the latter concurrent crimes of Article 37 of the Criminal Act with respect to the crime of intimidation in the judgment that there is no basic area (two to ten months) of category 1 (general assault) (the special person) and the basic area (the special person).