A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On March 23, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on June 12, 2017.

【Criminal Facts】

At around 18:00 on May 2, 2020, the Defendant assaulted the victims, such as the victim D (ma, 23 years of age), victim E (ma, 23 years of age), and victim E (ma, 23 years of age) who are employees of the aforementioned multiplied area B, who smoked in the way of “C” located in Songpa-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on On-SiteCCTV on each police statement of D and E (on-siteCCTV and witness counterpart investigation);

1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One to six years of imprisonment;

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

(a) Aggravation of the first crime (determination of types of assault) (referring to the determination of types of assault) and violence [Article 1] general assault [Article 1] mitigation element: Where the degree of assault is insignificant (Article 1, 6, and 7): Where the degree of assault is minor (Article 1, 6, and 7): In cases of the same repeated crime (excluding the category of repeated assault among types 6), mitigation area (excluding the recommended area and the scope of recommendation), reduction area of the punishment, one month to August;

(b) Aggravation of the second crime (decision of types of violence) (decision of types of violence) and the general assault [Article 1] mitigation element: Where the degree of the assault is minor (Article 1, 6, and 7): In cases of the aggravation element of the assault (Article 1, 6, and 7): Reduction area of the same repeated crime (excluding the recommended area and the scope of recommendation), mitigation area of the punishment [Article 6] mitigation area, one month to eight months of the imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: One month to one year (the maximum of crimes No. 2).

3. Determination of sentence: The defendant who has been sentenced to imprisonment for six months or more shall have the career of serving five times or more as a crime related to violence, including the past.