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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal records] On October 2, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for the crime of assault at the Seoul Central District Court on January 2, 2015 and completed the execution of the sentence at the Seoul Detention Center.
[Criminal facts]
1. On March 29, 2015, the Defendant assaulted twice the victim’s right ridges due to the following reasons: (a) the victim C (V, 77 years of age) who was seated on the seat of the route of the train in the subway 1 line, which had been operating near the Yongsan Station on March 29, 2015.
2. On June 5, 2015, at around 14:10, the Defendant publicly insultingd the victim E (hereinafter “Defendant”) who was a police officer belonging to the Seoul Mapo Police Station D branch of the Seoul Mapo Police Station, who was called upon the receipt of a report that there was a history employee and a fluor in the history of the waters of Mapo-gu, Mapo-gu, Seoul Metropolitan Government 85, and was called up with a police officer and a police officer assigned to the police officer affiliated with the D branch of the Seoul Mapo Police Station, who was called up.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. The police statement protocol with respect to E and C;
1. A written statement;
1. Complaints and photographs of victims;
1. Application of Acts and subordinate statutes to inquiries about criminal history, copies of the judgment, personal identification and acceptance status;
1. Relevant Article 311 of the Criminal Act (a point of insult) concerning the facts constituting an offense, Article 206 (1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] / Where the degree of assault is minor (one month to eight months) in the mitigation area (a person who is specially mitigated) (a person who is subject to special mitigation) / the same repeated crime for the same type of repeated crime because the defendant was not long after release / The defendant again repeated the same crime for the same kind of repeated crime because there are many other records of the same crime.
The sentencing conditions, such as the degree of damage to victims, the age, sexual conduct, environment, background of the crime, and circumstances after the crime, shall be comprehensively considered.