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

Criminal facts

On April 27, 2017, the Defendant was sentenced to six months of imprisonment with labor at the Seoul Western District Court for the crime of interference with business, etc., and completed the execution of the sentence on January 19, 2018.

On August 10, 2019, at around 19:20, the Defendant assaulted the victim H (21 years of age) who was engaged in a movement within the park of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, 148-18, and “packers,” and assaulted the victim by assaulting him/her, such as pushing him/her of his/her chest with his/her body, and continuing to interfere with him/her.

Summary of Evidence

1. Defendant's legal statement;

1. A investigation report ( CCTV images of a generating place);

1. Previous records of judgment: Criminal records, etc., inquiry reports by individuals, current status of confinement by individuals, and application of statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 260 (1) of the Criminal Act;

1. Aggravation for repeated crimes: The reason for sentencing Article 35 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than four years;

2. Application of the sentencing criteria [Determination of types] used to commit violent crimes: One type (general violence) (special offender) mitigated element); where the degree of violence is minor (the area of recommendation and the scope of recommendation), mitigated area; and one month to eight months.

3. Determination of sentence: Imprisonment with prison labor for five months (limited to flexible circumstances) and the extent of assault is minor, together with a case in an appellate trial, and the consideration of equity in a case that has been adjudicated at the same time as a case in an appellate trial (unfair circumstances). A majority of the power to punish a repeated crime, including a violent crime