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

Punishment of the crime

[criminal record] On October 20, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation, etc. in the Sungnam branch of Suwon branch of Suwon branch of Korea on March 18, 2016. On August 29, 2014, the Defendant was sentenced to a suspended sentence of two years on August 24, 2015 and was sentenced to a suspended sentence of two years on October 24, 2015 by the same court, which became final and conclusive on October 24, 2015, and was 24 times of violent crime, such as special intimidation, obstruction of duties, damage to property, injury, assault, obstruction of execution of official duties, etc.

[Criminal facts]

1. On May 23, 2016, at around 15:40 on May 23, 2016, the Defendant heard the victim D(60 years of age) who thought the Defendant as the part of the construction site’s body in front of Sungnam-si, Sungnam-si, the Defendant took the victim’s buck with his hand at several times, and taken the back of the victim’s body.

2. 피고인은 2016. 5. 29. 21:05 경 성남시 중원구 산성대로 450번 길 남한 산성 역 2번 출구 앞 노상에서 술에 취해 성명 불상자와 싸우다가 이를 말리던 피해자 E(52 세) 의 얼굴을 주먹으로 수 회 때리고, 손으로 피해자의 멱살을 잡고 흔들다가 길바닥에 넘어뜨리고, 다시 발로 피해자의 몸을 수 회 걷어찼다.

The defendant habitually assaulted the victims as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to F or D;

1. Each report on investigation;

1. Previous convictions: Statement of results of inquiry, such as criminal history, investigation report (A), and attachment of precedents related to repeated crimes);

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 fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 264 and 260 (1) of the Criminal Act concerning the choice of punishment (the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;