A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

around 03:20 on February 16, 2013, the Defendant was boarding the E-si operated by the victim D (year 46) in front of the Mapo-gu Seoul Metropolitan Government Cju Point.

The Defendant: (a) committed assault against the victim, on the ground that the victim was shouldered in order to verify whether the victim was accurately engaged in the same combined ties; (b) the victim was able to take a bath, such as “this bring and Chewing”; and (c) the victim’s face and part of the face were 10 times by hand.

As a result, the defendant suffered from the above victim a face-to-face medical examination for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Ratifications (Attachment of a medical certificate for a victim);

1. Application of statutes on photographs of damage;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”), among favorable circumstances

1. Grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

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

(a) Sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty] group, violent crime group, assault crime, driver's bodily injury (Type 4] mitigation element] - Minor injury, penalty reduction element (general person) mitigation element] - serious reflectment [the scope of recommending punishment] - From May to two years [the minimum limit of sentence (1/2) recommended in the sentencing guidelines shall be mitigated, since there are not less than two special mitigation factors] - imprisonment with prison labor for not less than five months and 2 years (the minimum of sentence range (10 months) recommended in the sentencing guidelines);

(b) Scope of modified recommendation: One year and six months of imprisonment, or two years of imprisonment (the lowest limit of the sentencing range recommended by the sentencing criteria is riceed below the lowest limit of the applicable sentencing range).

(c)standards for suspension of execution (major reasons) - positive - minor injuries and non-taxation (general reasons for consideration) - negative.