A defendant shall be punished by imprisonment for 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

On October 7, 2015, at around 20:10, the Defendant voluntarily moved to the police station on the victim’s report with respect to the assault of the victim by the victim D (year 54) located in Yeongdeungpo-gu Seoul Metropolitan Government (year 54) with respect to adult supplies used by the victim D (year 54). On October 7, 2015, the Defendant sought the victim’s face at around 22:45 on the same day for the purpose of retaliationing the victim, and assaulted the victim by taking the head debt at around three times, and strokeing him.

As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation orders, such as a criminal complaint, in connection with his criminal investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Photographs;

1. In an investigation report (the counsel asserts that there was no retaliation for the defendant in light of the fact-finding that the defendant was in a state that he could not memory the police station due to prior assault. However, the defendant's statement at an investigative agency to the effect that the victim's speech and exploitation level, time interval between the defendant and the victim, relationship between the defendant and the victim, objection against the police report two times, and the confession statement of the defendant can be sufficiently convicted of the facts charged that the defendant abused the victim for the purpose of retaliation in connection with the prior assault case) shall be applied to the law.

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Six months to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of recommendations on the sentencing guidelines [decision of types] violent crimes, types 7 (Assaults for Purpose of Retaliatory) [Special Convicts] [Scope of Recommendation] Imprisonment with prison labor for 6 months to 1 year and 4 months (the lower limit of punishment in law and the mitigation area).