A defendant shall be punished by imprisonment for four 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

On November 7, 2014, at around 06:00, the Defendant: (a) taken a D taxi driven by the victim C (the age of 67) in Gangdong-gu Seoul Metropolitan Government, and moved to a water supply complex of 11-ro 56-ro 56-gil and six apartment complexes in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) spiting down spits in the taxi near the Songpa-gu Seoul Songpa-gu Olympic Park, and spits down spits and sprinks in the taxi, and sprinks and sprinks of the victim on several occasions.

Accordingly, the Defendant assaulted a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. The Defendant asserts to the effect that, at the time of the instant crime, he/she was in a heart loss or mental and physical state by stating that he/she had no memory under the influence of alcohol at the time of the instant crime.

According to the records, even though the defendant was found to have drinking at the time of committing the crime, he did not have the ability to discern things or make decisions.

It does not seem to be in a state or weak.

The argument of mental disorder shall not be accepted.

Application of Statutes

1. Relevant laws concerning criminal facts, Article 5-10 (1) of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, the choice of imprisonment, and the choice of imprisonment;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] The case where the degree of assault is minor in the basic area (two months of imprisonment or ten months of imprisonment) (a person subject to special mitigation) (a person subject to special mitigation) / (a person subject to sentence 1, 6, or 7) / (a person subject to sentence / [a person subject to sentence ] the case where a defendant assaults a taxi driver who is in operation without any reason several times of assault and causes danger to the defendant, and the defendant has several criminal records related to violence.

However, the degree of assault is relatively minor, and the defendant.