Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 01:20 on December 12, 2019, the Defendant: (a) boarded C cab operated by the injured party B (the South and the age of 62) on the street in front of the exit of 201 station, 201, Jari-dong, Gangnam-gu, Seoul, Seoul, and (b) talked to the effect that the injured party is “unscheduled cab”; and (c) the son strongly closed the door of the said cab, and then, (d) took a cab by walking the back of the cab, walkinging the cab to the victim with his desire, and (e) taking the part of the injured party’s neck 6 times the neck.
2. The Defendant causing property damage, as described in paragraph (1), committed assault against the victim B at the time, time, and place described in paragraph (1), and thereby, destroyed the victim’s cabs described in paragraph (1) so as to cause damage equivalent to approximately KRW 213,070 in repair cost by borrowing the door of the cabs described in paragraph (1).
Since then, the Defendant damaged the Defendant to have approximately KRW 204,00 of incidental fishing cost by cutting off the victim’s cell phone and cutting off the victim’s cell phone from the victim’s cell phone, not the Defendant’s refusal to take passengers.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement-taking photographs (portablephones, taxiss, and victim necks), vehicle estimates, mobile phone repair cost statements (related toCCTV images), CCTV CDs, investigation reports (related CCTV images verification) by the defendant's partial statement-making witness B;
1. Relevant Article 260 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of violence and the choice of imprisonment), the choice of punishment for the crime (the point of destroying and damaging property and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Group 1 crime (determination of types) (Destruction of and damage to property) (Article 1) (Type 1) (No person who causes a property damage, etc. (Article 1) (no person who is a special person) (the area of recommendation and the scope of recommendation), the basic area of punishment, and April to October;
(b) Second crimes (Assault).