A defendant shall be punished by imprisonment for not less than eight months.

However, 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 02:10 on February 18, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence) was on board the C-cab head who was driven by the victim B (the age of 67) prior to the 2-49 Gwangjin-dong, Gwangjin-gu, Seoul and was in the direction of the building zone.

The Defendant expressed the victim’s desire without any justifiable reason on the front side of the Gwangjin-gu Seoul Special Metropolitan City, breath of the victim, and plucked the driver of the vehicle in operation by plucking and plucking the victim’s arms.

2. The Defendant damaged the property damage on the above date and time by stopping the said victim’s vehicle in front of Gwangjin-gu Seoul Special Metropolitan City, and taking the victim’s desire to take out of the driver’s seat, which is the victim, on several occasions, damaged the vehicle’s 200,000 won in front of the repair cost on several occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A photographs of damaged parts and photographs of damaged parts;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article applicable to criminal facts;

(a) A driver's assault: Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) The point of causing property damage: Article 366 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment];

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed the same kind of crime again even though he/she has been repeatedly punished by assaulting the driver, is disadvantageous to the defendant.

However, there are circumstances favorable to the defendant such as the defendant's mistake, the defendant's agreement was reached with the victim, and there was no criminal record other than the fine.

The above circumstances reveal all the circumstances that are conditions for sentencing, such as the Defendant’s age and character and conduct.