특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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
At around 21:30 on July 12, 2014, the Defendant: (a) taken a taxi operated by the victim D on the front side of the Suwon-si, Suwon-si C, and arrived at the vicinity of the brick apartment located in the Suwon-gu, Suwon-si, Suwon-si, the destination of which was scheduled; (b) the victim did not pay the taxi fee to the victim; (c) the victim was driving the taxi while driving the taxi and driving the taxi in the territory of the Gu, and (d) the victim was able to take the face of the victim on his/her hand, and her head, arms, etc. on two sides, which require approximately two weeks of medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of a victim's photograph and injury diagnosis report;
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. The defendant and his defense counsel asserts that the defendant's assertion of the defendant and his defense counsel under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds for sentencing") have committed the crime of this case in a state of mental disorder because the defendant did not memory in any way as to which the defendant committed the crime of this case due to her obsession.
According to the evidence duly adopted and examined by the court, the fact that the defendant was drinking at the time of the instant crime can be acknowledged. However, the defendant stated in an investigative agency that the victim was scambling with the victim because he was aware that he was scambling in the taxi at the time of the instant crime (Evidence 23, 32 of the evidence record), and that the defendant was scambling with the victim on the hand floor because he did not have the victim (Evidence 23, 32 of the record), the circumstances leading to the instant crime, the means and method of the crime, the defendant's behavior before and after the instant crime, and the circumstances after the crime