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

Punishment of the crime

피고인은 2015. 10. 6. 22:00 경 대전 서구 C에 있는 D 식당 앞 노상에서 피해자 E( 남, 73세) 운전의 F K5 택시에 탑승하여 약 500미터 가량 진행하던 중 정확한 행선지를 말하지 않아 다시 탑승한 곳으로 돌아와 하차하게 된 데 화가 나 노상에 있던 손바닥 크기의 돌 (1.7kg) 을 들어 위 택시를 운행하고 있던 피해자를 향해 집어던져 운전석 문을 맞고 튕기면서 피해자의 왼쪽 머리를 맞게 하였다.

Accordingly, the defendant assaulted the driver of the taxi in operation, and damaged the repair cost of 817,960 won, such as the above taxi driver's seat, to have the utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a motor vehicle inspection and maintenance estimate, damaged taxi photographs, and photographs of criminal tools;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver) and Article 366 of the Criminal Act concerning the crime;

1. Grounds for sentencing under Articles 40 and 50 of the Criminal Act (Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment) of the same Act;

1. The application of the sentencing criteria does not present a separate processing criteria for the ordinary concurrent crimes and thus, they cannot be applied as they are in this case, however, considering the fact that the sentencing criteria are four months to one year and six months [where the scope of the recommended punishment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (road Violence, etc.)] from four months to one year and six months [where the person commits a crime of violence, general assault (Type 1), special aggravated area (where the person commits a crime with deadly weapons or other dangerous objects, he/she assaults the driver

2. The crime of this case by the sentence of sentence is that the defendant, who was in danger of the defendant, was driving a 1.7km of the weight of 1.7km, and the victim was directly in front of the seat of the taxi.