특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for four 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 July 16, 2016, around 21:00, the Defendant demanded the victim to move to the police station near the subway station when the Defendant was moving to D taxi operated by the victim C (the age of 56) in the vicinity of the subway station.
On the same day, at around 21:25, the Defendant committed assault, such as: (a) the victim’s cab was in the vicinity of his mother distance in Gangnam-gu Seoul, Gangnam-gu; (b) the victim was able to take the victim’s head head debt in hand on the ground that the victim was driving his/her taxi to his/her destination without having a police station at his/her request; and (c) the victim was standing a taxi in the vicinity of the Seoul Northern-gu, Gangnam-gu, Seoul; and (d) the victim was able to take the victim’s head debt and face knife the knife of the knife.
Accordingly, the Defendant assaulted a driver operating a vehicle.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Application of the police protocol law to C
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Selection of Penalties and Imprisonment with labor;
1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Article 62 (1) of the suspended execution of the Criminal Act asserted that the defendant was in a state of mental disorder of Grade III at the time of the crime of this case. However, in light of the defendant's speech at the time of the crime of this case, the circumstances after the crime of this case, and the details of the crime, etc., it cannot be deemed that at the time of the crime of this case, the defendant and his defense counsel's assertion
Reasons for sentencing
1. The scope of applicable sentences under law: Imprisonment for one month to five years; and
2. The range of recommendations on the sentencing guidelines [the range of recommendations] shall be the mitigated area (one month to eight months for imprisonment) of Type 1 (General Violence).