Text
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 30, 2016, at around 20:35, the Defendants: (a) taken a taxi in the pelf in the pelf of the village in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) took the taxi in the vicinity of the Dong-dong in Gangdong-gu, Gangdong-gu, Seoul; and (c) the Defendants prevented the Defendants from smoking in the vicinity of the Dong-dong in Gangdong-gu, Gangdong-gu, Seoul; (b) the Defendant A, who was seated in the pelf, was able to take the neck and face of the victim with the elf of the victim while driving the elbbow in the left part; and (d) Defendant B, who was seated in the back of the seat, was able to take the back of the victim's drinking water.
As a result, the Defendants conspired to assault the victim who is the driver of the vehicle in operation.
Summary of Evidence
1. Part of the Defendants’ legal statements
1. Legal statement of the witness D;
1. An investigation report (the other party investigation of a shote) [the Defendants alleged that they did not assault the victim. However, the Defendants seem to deny the facts of the crime due to the influence of alcohol, and the Defendants found that there was a dispute with the victim who resisted by tobacco smoking. The victims have consistently stated the facts of damage from the investigative agency to the court, and the credibility of their statements in light of the attitude of their statements in the court, etc.
In full view of the above circumstances, criminal facts against the Defendants are fully convicted.
Application of Statutes
1. The Defendants: Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 30 of the Criminal Act, and the choice of imprisonment for the crime;
1. Defendants subject to suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr.
1. The crime of this case in use of violence against the driver of the motor vehicle in operation of the defendant A is an act threatening the safety of the driver, passengers, pedestrians, etc.