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

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

Punishment of the crime

On November 1, 2013, the Defendant issued a summary order of 2 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on the Act on the Aggravated Punishment, etc. of Crimes, and the violent criminal records are 26 times.

Criminal facts

On November 15, 2014, around 03:50 on November 15, 2014, the Defendant, in front of the Yongsan-gu Seoul Yongsan Police Station, 89-ro 24 Seoul Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, on a taxi driven by the victim C (the age of 49) and was under the influence of alcohol to the taxi and did not speak at the destination, and committed assault against the victim habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Criminal records as stated: Criminal records, etc. inquiry reports, written judgments, etc.;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the criminal records, the number of crimes, the number of crimes, and the continuous and repeated crimes of the same kind in the judgment;

1. Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Special Cases concerning the violation against the defendant and the agreement with the victim);