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

The public prosecution against the defendant is dismissed.

Punishment of the crime

On September 13, 2017, the Defendant was sentenced to one year and four months of imprisonment with prison labor for a special assault, etc. in the branch court of Suwon District Court on September 10, 2018. On February 6, 2020, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refence, etc.) in the branch court of Suwon District Court on February 6, 2020, and the said judgment became final and conclusive on August 31, 2020.

【Criminal Facts】

1. Around 01:40 on Nov. 4, 2019, the Defendant: (a) committed assault by the victim C (25 years of age) on the ground that the victim C took an examination against the Defendant; (b) he was fluording the victim’s disease, which is a dangerous object in the table table; and (c) flabing the victim’s flab; and (d) flabing the victim’s flab.

2. On January 22, 2020, the Defendant: (a) destroyed property damage: (b) on the road located in Ischeon-si, E stores, and (c) on the road located in Ischeon-si, E stores; and (b) on the ground that the former female-friendly victim F is having telephone conversations with male-gu, the victim’s cell phone cases, which is the market price owned by the victim, separated them from the cell phone, and then damaged them by

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A written statement;

1. A survey report (CCTV image verification report) and a report (CCTV with respect to it);

1. On-site photographs;

1. Division: Criminal history records, prisoner search results, one copy of the summary agreement assistant meeting, one copy of the judgment of 2019Gohap43, and the application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 366 of the Criminal Act ( point of destruction and damage of property), the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the defendant asserts that there is no fact that the victim was suffering from an illness, and therefore no liability for special violence is to be borne, since the judgment on the defendant's argument regarding the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act is made.

In this regard, the victim.