특정범죄가중처벌등에관한법률위반(운전자폭행등)
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
around 03:50 on March 17, 2018, at a place where the location in the Seo-gu Standing District of Gwangju-gu is unknown, the Defendant boarded the victim B (48 years of age) on the head of the Dong-gu, Gwangju-gu, where it is difficult to identify, and arrived at the Seo-gu, the destination. The Defendant would not pay the fare but want the victim to stop. D. The Defendant operated the victim as a shock center in the seat equipment in the nearby Dong-gu Police Station in Gwangju-gu, Gwangju-gu, Gwangju-gu, to report it. The Defendant sent the victim’s face while driving the taxi at the front of the Dong-gu, Gwangju-gu, Gwangju-gu, and the victim continued to stop the taxi at the edge of the road, and turned the victim’s face into drinking and elbow.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. Report of investigation (Evidence No. 3), application of related photographic Acts and subordinate statutes;
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. The observation and observation of protection and community service order Article 62-2 of the Criminal Act, the confession and reflection of the reasons for sentencing, the fact that the injured party who agreed with the defendant does not want the punishment is favorable, or there are several records of punishment for violent crimes, the degree of violence against the driver is heavy, the contents of the crime are inferior, and the risk of recidivism is high.
The punishment as ordered shall be determined in consideration of the above circumstances and other circumstances, such as the defendant's age, sex, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the argument of this case.