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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 15, 2020, at around 02:45, the Defendant assaulted the victims, such as the victim E (V, 24 years old), who was under the influence of alcohol, walked the head and chest of the victim D (n, 59 years old) who was a sudden drinking, and walked on several occasions due to the development of the bridge, the bridge of the victim E (V, 24 years old) who continued to walk on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the CCTV-related Acts and subordinate statutes to D’s CCTV records;

1. Article 260 (1) of the Criminal Act and Article 260 of the Criminal Act concerning the facts constituting an offense, selection of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act to order observation of protection;

1. The scope of punishment by law: Imprisonment for one month to three years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A crime No. 1 (Assaults) [Determination of Type] Violence / [No. 1] General Violence / [No person subject to special sentencing] (the territory of recommendation and the scope of recommendation], the basic area of punishment, two months to ten months [no person subject to general sentencing]

B. No. 2 Crimes (Assaults) [Determination of Type] Violence / [No. 1] General Violence (Special Sentencing) [Scope of Recommendation and Recommendation], Basic Field of Crimes (Scope of Recommendation and Recommendation], from February to October [No person who is subject to general sentencing]

(c) Scope of punishment recommended according to the standards for handling multiple crimes: Two months to one year (the maximum of crimes No. 2).

3. Determination of sentence: (a) comprehensively taking account of all the factors as indicated in the trial process of the instant case, including the following circumstances and the Defendant’s age, sex, environment, motive, background, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The instant case constitutes a so-called “fasible assault.”

Because the assault is not only committed without any reason, but also the target is not able to do so, the harm is significantly detrimental to the peace of the community, and the damage is not only the victim but also the general society.