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

Punishment of the crime

[Criminal Power] On June 26, 2020, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault at the Manpo District Court of Gwangju on July 4, 2020 and the judgment became final and conclusive on July 4, 2020.

【Criminal Facts】

At around 10:45 on June 23, 2020, the Defendant assaulted the victim’s face face by hand on the ground that the victim C (ma, 56 years old) who lives together in the ward and the issue of goods purchased in the ward and the victim did not receive a request for compromise.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, E, F, G, and H;

1. I's self-statement;

1. A working report, an investigation report (Submission of a victim C's assault report), photograph, investigation report (Submission of a medical opinion of the victim C), and a statement of opinion;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries into criminal records, certificates of confinement and personal confinement status;

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

1. The reasons for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes include not only a majority of violent criminal records, but also a repeated act of exercising violence against a prisoner in prison or in prison without being aware of it. Therefore, it is necessary to punish the defendant strictly.

However, the crime of this case is in the relation of assault and ex post facto concurrent crimes with the crime for which judgment has become final and conclusive, taking account of equity in the case where both crimes are adjudicated at the same time, and the punishment shall be determined as ordered by taking into account the following factors such as the defendant's age, character and conduct, the circumstances before and after