A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[Criminal Justice] On August 25, 2017, the Defendant was subject to a disposition to transfer home protection cases to the Seoul Southern District Prosecutors' Office, and was sentenced to a fine of 500,000 won for the crime of assault at the Seoul Southern District Court on October 16, 2013. On April 3, 2013, the Seoul Southern District Prosecutors' Office was subject to a disposition not to prosecute for the crime of assault at the Seoul Southern District Prosecutors' Office on February 6, 2013, and was subject to a disposition not to prosecute for the crime of assault at the Seoul Southern District Prosecutors' Office on October 15, 2012, and was subject to a disposition not to prosecute for the crime of assault at the Seoul Southern District Prosecutors' Office on August 13, 2007.

【Criminal Facts】

On February 28, 2001, the Defendant reported a marriage with the victim B on February 28, 2001, but maintained a de facto marital relationship after the agreement was divorced on December 15, 2006.

피고인은 상습으로, 2018. 4. 18. 09:40경 서울 구로구 C건물 D호에 있는 피고인의 주거지에서, 알람시계를 누가 껐는지 여부에 대해 피해자와 말다툼을 벌이다가 격분하여 손으로 피해자의 머리를 때리고, 피해자의 머리채를 잡아 흔들고, 냄비 뚜껑과 밥그릇을 방바닥으로 내던지는 등으로 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports;

1. The police statement concerning B;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article of the Criminal Act, Articles 264 and 260 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the motive and background, means and result of the instant crime, the relationship between the Defendant and the victim, the Defendant’s age, character and conduct, environment, records of criminal records and home protection cases, and the circumstances after the commission of the crime, etc., the punishment as ordered under Article 51 of the Criminal Act shall be determined.