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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On August 22, 200, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul District Court on August 22, 200, and on November 11, 2010, the Seoul Southern District Court sentenced to a fine of KRW 700,000,000 to a fine for a crime of assault, etc. on April 4, 2011; on October 18, 2012, the same court issued a summary order of KRW 1.5 million for a crime of assault to a fine of KRW 1.5 million at the same court on November 6, 2012; and on September 30, 2014, the same court was sentenced to a suspended sentence of imprisonment with prison labor for a crime of assault, etc. on August 2, 2014 and was sentenced to a penalty of KRW 1.5 million for a crime of assault.
피고인은 2015. 7. 6. 13:00경 서울 양천구 C 앞길을 술에 취한 채 지나가던 중, 피해자 D(22세)가 일행과 함께 담배를 피우고 있는 것을 보고 다가가 “뭘 쳐다보느냐”면서 시비를 걸고, 이에 피해자가 “안 쳐다봤으니 그냥 가세요”라고 하자 욕설을 하면서 피해자에게 달려들어 피해자의 멱살을 잡고 수회 흔들었다.
Accordingly, the defendant habitually assaulted the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Previous convictions in judgment: Criminal records and investigation reports (Habitual criminal records reports);
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the degree of assault in this case is relatively minor, the defendant's age is high and reflects the defendant) [Scope of recommending punishment] Where the degree of assault is minor (i.e., mitigated person) in the mitigation area (i., April to January 12), (ii) mitigated area (i.e., special mitigation) (i., the degree of assault in this case), (ii) mitigated area (i.e., special mitigation), (iii) mitigated area (i., the degree of assault in this case), prior to the determination of