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

Punishment of the crime

【Criminal Records of Crimes】 On April 22, 2016, the Defendant was sentenced to four months of imprisonment with prison labor by the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on August 21, 2016.

【Criminal facts】 The Defendant had the victim E, a substitute driver on the front of the road located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, drive his/her own F-car on November 6, 2016; while the Defendant was asking for destination, the victim “Neman’s Rool”

”라고 말하였고, 이에 피해자가 “ 숭의 로타리 데 쓰까 ”라고 말하자, “ 야 이 씹쌔끼야 좆 같으면 지구대로 가!” 라며 운전 중인 피해자의 얼굴을 손바닥으로 때리고, 피해자가 쓰고 있던 모자를 벗기면서 “ 내가 이번에 징역을 갔다 왔는데 너 같은 놈은 이 새끼야 ”라고 욕설을 하며 손바닥으로 피해자의 뒤통수를 때렸다.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as results of the search of prisoners, criminal history, and reports on criminal investigations (Attachment to judgments of the same kind of criminal suspect, and period of repeated offense, which is subject to punishment as attachment of judgments of the same kind

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Article of the Act;

1. Selection of alternative imprisonment with prison labor (the following sentencing grounds shall be taken into account):

1. Article 35 of the Criminal Act not guilty of aggravated repeated crimes

1. The summary of the facts charged is that the defendant assaulted the victim and taken the face of the victim in drinking under the same circumstances as the facts charged in the judgment at the time and place of the judgment.

2. Of the facts charged in this case, the part that the defendant used drinking in the rear seat, which is not the floor of hand, when the victim faces, shall not be consistent with the victim's legal statement.

Thus, this part of the facts charged constitutes a case where there is no proof of crime, and it is based on the latter part of Article 325 of the Criminal Procedure Act.