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A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
Punishment of the crime
1. On June 23, 2018, the Defendant was boarding the back seat of the E-business taxi driven by the victim D (57 years old) in the C E-T latter part of the Mat located in the Gunsan-si B around 01:24 on June 23, 2018.
While the Defendant was operating a taxi to a G restaurant located in F in the same city as the victim was driving the taxi, the Defendant laid the door of a defective vehicle for the signal waiting on the I front road located in H in the same city. In this case, the victim was not opening the door at the time.
For that reason, the victim took a bath and took one time the face of the victim who was in drinking operation.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.
2. On June 23, 2018, the Defendant damaged a taxi to the extent that the cost of repair KRW 471,00,00 of the market price, such as an exchange of back door, was 471,00,00, by the victim D, who was assaulted by the Defendant in the course of driving the taxi on the side of the road, as described in paragraph 1, on the front road located at H of the Dosan-si, Sinsan-si, Sinsan-si, Sinsan-si.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Chapter 7, such as a photo of black stuffs, and Acts and subordinate statutes related to a report on investigation (attached estimates for damage);
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by drivers), Article 366 of the Criminal Act, and choice of imprisonment with prison labor as to the crime;
1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing [the scope of recommending] Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 1 of the Act on the Aggravated Punishment of Crimes in the basic area (two months to ten months) (special mitigation) [the person subject to special mitigation (special mitigation)] - In the case of assault against the driver of a motor vehicle in operation, the second crime (damage) [the scope of recommending punishment] in the case of assault against the driver of a motor vehicle in operation.