A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On July 13, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) at the Seoul Central District Court on July 13, 201, and completed the execution of the said sentence in a female prison on April 23, 2012.

[Specific criminal facts] At around 15:00 on November 7, 2013, the Defendant took the face of the Victim C (I, 16 years of age) who passed around the opening of the subway No. 1 in the Seoul subway No. 122 located in Jung-gu, Seoul, Jung-gu, Seoul, at one time as a drinking, without any particular reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of damaged part of the victim;

1. Previous records of judgment: Criminal records, etc., prosecutor's investigation reports, and application of court rulings and statutes;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

1. 누범가중 형법 제35조 양형의 이유 [유형의 결정] 폭력범죄, 폭행범죄, 제1유형(일반폭행) [특별양형인자] - 가중요소: 불특정 또는 다수의 피해자를 대상으로 범행한 경우 [권고형의 범위] 징역 4월 ∽ 징역 1년(가중영역) [선고형의 결정] 피고인은 동종 범행으로 누범 기간 중에 있고, 동종 범행을 저질러 3회에 걸쳐 벌금형의 선처를 받았음에도 반성하지 아니한 채 또 다시 이 사건 폭행 범죄를 저질렀다.

Furthermore, even though the Defendant continued to commit a so-called “comfort assault” crime against an unspecified person and has been repeatedly punished by imprisonment, fine, etc., the Defendant committed another crime, such as committing a “comfort assault,” and thus, is highly likely to pose a significant social risk and need for social defense.

Although the defendant is against and suffering from depression, severe punishment is inevitable, so the sentence like the order shall be imposed.