A defendant shall be punished by penal detention of ten days.

Punishment of the crime

피고인은 2017. 5. 29. 22:10 경 서울 송파구 잠실동 잠실 새 내역 8번 출구 앞에 정차한 개인 택시 뒷좌석에서 동 택시 운전자인 피해자 C( 남, 53세) 이 목적 지인 잠실동 푸르지 오 아파트 앞까지 운행하지 않았다는 이유로 언쟁 중 흥분하여 " 좃만 한 새끼야, 씨 발 놈 아" 라는 등의 욕설을 하고 손으로 피해자의 오른쪽 귀 뒷부분을 밀쳐 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (verification of black boxes and video materials);

1. Relevant legal provisions regarding criminal facts, Article 260(1) of the Criminal Act regarding the choice of punishment, and the choice of penal detention [the defendant and his/her defense counsel asserts that the defendant and his/her defense counsel can extend out to the victim and do not contact with the victim's back to the victim.

According to the evidence duly adopted and examined by the court of this case, the defendant can clearly confirm that the part of the back head of the victim is protruding back to the part of the victim (the above argument is without merit).

The punishment as ordered shall be determined by taking into consideration the sentencing conditions set forth in the trial of this case, such as the fact that the defendant is not denied even if the crime of the defendant is confirmed by the video file with the reason of sentencing, that the attitude of the defendant and the attitude of the investigative agency was very poor before the assault of this case occurred, that there was a history of criminal punishment for the same reason of the crime, that the sentence of the defendant's property is not an appropriate means to ask the criminal liability of the defendant and to improve his edification and correction.