A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On February 13, 2018, the Defendant was sentenced to a suspended sentence of one year in April for the crime of injury at the Incheon District Court. The judgment became final and conclusive on February 20, 2018.

[2] On November 14, 2017, the Defendant: (a) around 01:14, 201, when the Defendant arrived at the F taxi of the victim E (38 taxes) that friendly job-friendly D going on a Kakao taxi app in front of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) however, the Defendant returned the vehicle to the victim; (c) but said that the victim is a vehicle subsequent to the victim; (d) the Defendant walked the back part of the said cab; (d) the victim fright the back part of the said cab; and (e) the victim frighted the victim’s neck with his left hand; and (e) the victim frighted the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on investigation (CCTV investigation) and a report on investigation (a CCTV analysis in cases of violence);

1. Two copies of the screen of self-governing 2-40 CCTV images taken;

1. Previous convictions in judgment: Application of statutes on the screen of judicial and integrated search;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be the basic area (two months to ten months) (no person in special sentencing) of the basic area (two months to ten months);

2. Determination of sentence: 4 months of imprisonment with prison labor, and 1 year of suspended sentence, the defendant, who is disadvantageous to the defendant, committed the same violent crime, has already been punished four times (two times of actual punishment, two times of suspended sentence), and in particular, committed the crime in this case while being investigated by an investigative agency for the crime of bodily injury which became final and conclusive.

Nevertheless, it has not yet been used by the injured party, and the injured party wants to punish the defendant with severe punishment.

It seems that the degree of violence committed by the defendant in favorable circumstances is too serious.