특정범죄가중처벌등에관한법률위반(운전자폭행등)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 4, 2016, the Defendant: (a) around 01:50, while getting a taxi driven by a victim B(59 years of age) on the roads near the sloping Station in Dongjak-gu Seoul Metropolitan Government, the Defendant took a bath on the ground that he did not proceed to the direction of the victim; and (b) assaulted the victim’s face by drinking.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the suspect B of the police;
1. Investigation report (the other party investigation of a wooden shot C);
1. Application of Acts and subordinate statutes to the standing photographs (No. 3 times a year);
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;
1. Where he/she assaults the sentencing criteria [Scope of the recommended punishment] the basic area (two months to ten months) (special sentencing person] of the types of assault crimes, and the driver of a motor vehicle in operation (aggravated factor) of the types of assault crimes;
2. The defendant's act of assaulting a victim who is driving without any particular reason is not only a dangerous crime, but also a good quality of the crime, and the defendant has already been punished for the same crime, but also repeats several violent crimes for the recent few years, is disadvantageous to the defendant.
However, it can be considered in light of the favorable circumstances that the defendant was committing a crime late and reflects the mistake, that appears to be a criminal act that has committed contingently under the influence of alcohol, that it seems that the defendant agreed with the victim to a certain extent and that there is no previous conviction exceeding the fine, and that there is no previous conviction exceeding the fine may be considered in favor of the defendant.
In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.