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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On October 27, 2015, the Defendant was sentenced to one year to four months of imprisonment for fraud at the Seoul Southern District Court on November 4, 2015, and the judgment became final and conclusive on November 4, 2015, and is currently under probation. On June 12, 2014, a fine of 1,000,000 won for the crime of assault, etc. at the Seoul Southern District Court on April 2, 2013, a fine of 70,000 won for the crime of interference with business at the Seoul Southern District Court on April 2, 2013, and a fine of 2,00,000,000 won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) at the Seoul Southern District Court on May 17, 2012, and a person with
【Criminal Facts】
On May 21, 2016, at around 04:18, the Defendant: (a) requested the Defendant to pay a taxi fee in E-si operated by the victim D (71 years of age) who stopped on the front road of the Guro-gu Seoul Metropolitan Government Office; (b) the Defendant, on a sudden basis, sold the back water of the victim on a single-time drinking.
Accordingly, the defendant assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Written statements of D;
1. Investigative Report (Presence for suspects, verification of black stays and images at the time of the event - Blucing images);
1. Previous convictions in judgment: Criminal history records, investigation reports (verification of the fixed date of the judgment of the stay of execution of a suspect), investigation reports (reports, such as confirmation of criminal records of a suspect for the same kind of crime), the application of Acts and subordinate statutes
1. Article 260 (1) of the Criminal Act applicable to the crimes. Article 260 (1) of the same Act
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)
1. The scope of applicable sentences under law: Imprisonment for one month to two years; and
2. Determination of sentence: A person who is sentenced to a fine of two million won or more as a result of a prolonged absence of trial, a second offense during the period of probation, a second offense during the period of probation, or a special act on May 17, 2012, and who does not focus on the degree of assault and assault, reflectiveness, and physically disabled persons with disabilities third degree, who are beneficiaries of the National Basic Living Security Act.