특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for not more than ten 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
1. Around 02:50 on January 12, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes, etc.) and assaulted twice the victim’s face on the ground that he/she was on board a taxi operated by the victim D(71) near Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (the age of 71) and was driving the taxi almost at the seat of the Defendant.
2. At around 04:50 on the same day, the Defendant damaged public documents by tearing documents used by a police station, which is a public office, such as a letter of arrest of a flagrant offender, certificate of confirmation, and notice of arrest and detention, which is a public document, after being arrested in the crime of Nowon-gu Seoul Special Metropolitan City Nowon-gu Nowon Police Station and the integrated party office of Nowon-gu Police Station in accordance with D-12 report, which is the above taxi driver.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each photograph;
1. Application of damaged Acts and subordinate statutes on public documents;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 141 (1) and 347 (1) of the Criminal Act, the choice of imprisonment with prison labor for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the Defendant deposited KRW 500,000 for the victim D; (b) the Defendant committed the instant crime in a contingent manner under the influence of alcohol; (c) the Defendant is currently in a physical three-month period; (d) a person who lives near a two-month period; and (e) a confession of the instant crime and a person who reflects the depth thereof, etc.