특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 20, 2014, at around 01:50 on September 20, 2014, the Defendant: (a) was under the influence of alcohol and was in the second apartment of the victim C (the age of 44) at the 2nd dong-dong, Yangcheon-gu, Seoul, the destination of which is the second apartment of the New-dong, New-dong, Yangcheon-gu, Seoul; (b) expressed the victim’s desire to read “Ig, gring, gring, gring, gring, gring, gring, gring, gring, gring, gring, gring, gring, ging the victim’s right side at one time; and (c) the victim gringed the taxi on the front side of the hdong-dong middle school located in Yangcheon-gu, Seoul, Yangcheon-gu, Seoul
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Statement of the police statement regarding C;
1. Application of the Acts and subordinate statutes on black boxes and video CDs;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Judgment on the defense counsel’s assertion under Article 62(1) of the Criminal Act
1. As to the facts charged that the defendant assaulted the driver at the right side of the victim, the defense counsel asserts that the defendant cannot be viewed as an assault because the defendant's body in the process of driving the victim's body is limited to the knife of the victim's knife.
In the crime of assault, violence refers to the exercise of any unlawful tangible force against a person's body, and the act of breathing a person's breath or drinking, as well as the act of breathing it by hand constitutes an assault, unless there are special circumstances. Even an act of breathing or breathing a person's body in a spatial vicinity to the victim's body in a sexually adjacent manner, or of breath or breathing a person's hand or goods at the same time, did not directly contact
Even if an unlawful use of force against a victim constitutes assault (see Supreme Court Decision 2000Do5716, Jan. 10, 2003).