상해
A defendant shall be punished by imprisonment for not less than eight 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
At around 19:30 on August 14, 2019, the Defendant: (a) boarded the victim B (53 years of age) without permission at the back seat of the taxi located in the Sinpo-Eup, Kimpo-si, Kimpo-si; and (b) requested the taxi engineer to keep the victim from passing through the Defendant’s destination, while the victim was traveling together with the victim at the front seat of the D apartment at the same time as the first scheduled destination of the victim; (c) then, (d) taken the back part of the victim’s back on one occasion with the victim at one time, and (d) taken twice the victim’s face at one time, and then cut off the victim, which requires approximately three weeks of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The suspect interrogation protocol of the police as to B;
1. B written statements;
1. A report on internal investigation by police (the call of a suspected victim B and a witness E with call-si), investigation report (the call of a taxi engineer);
1. Application of Acts and subordinate statutes to medical certificates of injury and written confirmation;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act on probation and community service order is very disadvantageous to the victim while the Defendant, who had been punished for violence-related crimes, was under the influence of alcohol, was accompanying the victim's scheduled taxi to the string up into the string, and thus, the nature of the crime is very bad.
The victim also is punished by the defendant.
However, considering the fact that the defendant shows the attitude of recognizing and opposing his mistake, the fact that there was no history of imprisonment with prison labor, etc., in favor of the defendant, as well as other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and the sentencing criteria of the Sentencing Committee shall be comprehensively taken into account.