A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

At the time of each of the following crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

1. 특정범죄 가중처벌 등에 관한 법률위반( 운전자 폭행 등) 피고인은 2017. 4. 18. 02:20 경 서울 강남구 강남대로 396에 있는 강남 역 부근에서 피해자 C( 남, 57세) 운전의 D 영업용 택시에 승차한 후 목적 지인 E 주유소에 이르러 피해자와 요금지급 문제로 실랑이를 하였고, 이에 피해 자가 부근에 있는 개봉 파출소로 택시를 운전해 가자 ‘ 차를 세우라 ’며 휴대폰으로 피해자의 머리를 수회 때리고, 발로 피해자의 옆구리와 얼굴을 수회 찼다.

As a result, the Defendant assaulted the victim, who is the driver of a vehicle in operation, and caused approximately three weeks of treatment to the victim.

2. The Defendant damaged property by taking the steering gear of the instant taxi owned by the victim FF corporation, while assaulting C at the time, at the time, and at the place specified in paragraph 1, in order to reduce the repair cost of KRW 109,560.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A damaged photograph;

1. A written diagnosis of injury;

1. Application of the statutes governing a written estimate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), and Article 366 of the Criminal Act;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the punishment is aggregated with the long-term punishment of the crimes above two crimes) of the same Act;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows.