A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 22, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and the judgment became final and conclusive on October 30 of the same year.

피고인은 2019. 9. 16. 20:39경 서울 은평구 통일로 849 소재 물빛공원에서 ‘피고인이 공원에서 소란을 부린다.’는 취지로 경찰에 신고하였던 피해자 B(남, 57세)에게 불만을 품고 다가가 “야 이새끼야 니가 뭔데 신고를 하냐,”고 소리를 치고, 휴대전화를 쥔 손으로 피해자의 목덜미 부위를 1회 때려 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning B (Simplified violence);

1. Evidence-related video CDs;

1. Previous convictions in judgment: Confirmation of the same kind of force, and application of Acts and subordinate statutes governing the fact-finding which are concurrent crimes;

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

1. The reasons for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act are not only a large number of criminal offenses against the accused, but also a new crime committed while being tried by a court for the same kind of crime, and the degree of the assault is not easy.

The victim was not able to receive any conviction from the victim.

However, in the relationship between the previous conviction and the latter part of Article 37 of the Criminal Act, it is necessary to consider equity and the case of concurrent crimes with the judgment at the same time, taking into account the defendant's age, character and conduct, environment, motive, means and circumstances after the crime, etc.