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

Each of the facts charged in the instant case is dismissed.

Punishment of the crime

On August 25, 2017, the Defendant: (a) around 01:10 on the roads of the Gu Tax-Gun Center located in Jongno-gu Seoul Metropolitan City newspaper; (b) while getting off and getting off a D taxi driven by the victim C (56) on the roads of the Gu Tax-Gun Center; and (c) the Seoul Jongno-gu apartment complex 2; and (d) the Defendant was in the vicinity of the Seoul Jongno-gu apartment complex 2 complex; (b) the Defendant was h

In other words, when the victim's face is taken one time with the hands of the victim, the victim was assaulted against the victim, who is the driver of the above taxi in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement of each protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made to C by the police in the protocol; and

1. The Defendant alleged that the Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime. Thus, according to each of the above evidence, the Defendant was found to have drinking alcohol at the time of the instant crime, but in light of various circumstances such as the background, means, and the Defendant’s act at the time of committing the instant crime, etc., the Defendant cannot be deemed to have failed to have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant’s assertion cannot be accepted.

Application of Statutes

Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Optional to Imprisonment) concerning the relevant criminal facts and the reason for sentencing

1. The scope of the recommended punishment on the sentencing criteria / [type] the mitigated area [special sentencing factors] - the mitigated area: Where the degree of violence is minor, non-incompetent of punishment - Where the driver of a motor vehicle in operation is assaulted [the scope of recommended punishment] 1 month to 8 months;

2. Where the extent of assault by the defendant in the decision of sentencing is insignificant, and there are no favorable circumstances such as the fact that the victim has agreed smoothly with him; and

However, the defendant is driving.