A defendant shall be punished by imprisonment for four 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

On July 28, 2016, at around 11:30, the Defendant assaulted the victim C (61)’s left side of the way to breath in the park, who was waiting for being provided with free food services, on one occasion, at the 36 cultural park of Seodaemun-gu Seoul, for the following reasons: (a) on July 28, 2016, the elderly who was waiting for being provided with free food services; and (b) on one occasion, who was working for the victim of the victim C (61 years of age) who was going against the victim’s desire to breath in the park.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss, such as damaged parts of the victim, and photographs of the place of occurrence of the case;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for witnesses);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, which include: (a) the fact that there are many criminal convictions for the defendant; (b) the background leading up to the commission of the crime; (c) the circumstances after the commission of the crime; (d) the age of the defendant; and (e) the sex behavior and the environment, etc.