특정범죄가중처벌등에관한법률위반(운전자폭행등)등
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
1. Around 00:30 on February 26, 2017, the Defendant assaulted against the Act on the Aggravated Punishment, etc. of Specific Crimes, such as: (a) the Defendant intending to take a back of the victim’s left hand and take a back the victim’s face with his/her bad hand as he/she was under the influence of alcohol while driving on the bus stop located in the south-gu Incheon Metropolitan City (586-1) in front of the bus stop located in the vicinity of the bus stop located in 586-1; and (b) the Defendant intending to take the back of the victim’s face with his/her bad hand without any justifiable reason.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. The Defendant assaulted the victim in front of the taxi as set out in the above paragraph 1 at the date, time, and place mentioned in the above paragraph 1, when the victim gets out of the victim’s head with left hand, and continued to do so.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement prepared in C;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) against the crime, Article 260 (1) of the Criminal Act and the choice of imprisonment with prison labor, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of the recommended sentence according to the sentencing guidelines for the crimes No. 1 [the scope of the recommended sentence] and the scope of the final sentence according to the aggravated punishment for multiple crimes, in the case of assaulting the driver of a motor vehicle running in the area of aggravation (4 months to 1 year) (special aggravation) of the aggravated area (4 months to 1 year) [the scope of the recommended punishment] of the basic area (2 months to 10 months) of the first type of assault (general assault) [the scope of the recommended punishment] of the basic area (2 months to 10 months] of the first type of assault crime; the scope of the sentenced punishment due to the aggravated punishment for multiple crimes: April to May;
2. In cases of assault by a person who has been sentenced to sentence, the sentence shall be sentenced to suspended execution due to the fact that the nature and circumstances of the offense are heavier than those of ordinary assault in light of such danger, etc.