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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant and the victim B ( South, 55 years old) are the same four persons, and the victim is a person with a visual disability of 6 years old.

On September 22, 2020, the Defendant: (a) 21:00, the Defendant, without any justifiable reason, abused the victim who was seated in the first floor of Songpa-gu Seoul building C, in a manner that, without the influence of alcohol, said victim was frighted up to be frighted; (b) the victim’s body was frighted into the victim’s body; and (c) the victim was frighted up to twice the head of the victim’s body, which is a dangerous object that the victim was seated.

Accordingly, the defendant committed violence to the body of the victim who is a disabled person.

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. Application of Acts and subordinate statutes to report internal history of copies of a welfare card for persons with disabilities (Evidence List 9);

1. Article 86 of the relevant Act and Articles 86 (3) 3 and 59-9 of the Welfare of Persons with Disabilities Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing, such as the observation of protection, community service order, and medical treatment order, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act (a person who is addicted to alcohol or addicted to it, requires medical treatment, and is in danger of recidivism). The crime of this case is highly likely to have committed an assault against the disabled victim without any justifiable reason; the defendant committed the crime of this case even if he was sentenced to a fine of two million won due to special intimidation against the same victim on September 17, 2020; the defendant committed the crime of this case at another time; the normal circumstances favorable to the fact that he was sentenced to punishment for the same kind of crime: The above circumstances agreed in full with the victim, the character and conduct of the defendant, and the circumstances after the crime, etc. shall be determined as ordered by taking into account all the factors revealed in the trial process of this case, including the above circumstances, the character and conduct of the defendant, and the circumstances after the crime.