A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 20, 2013, the defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties by the Incheon District Court on August 20, 2013, and the judgment became final and conclusive on August 28, 201

On October 22, 2014, at around 22:35, the Defendant was boarding the back seat of the victim C(56 years of age) driving in front of the Nam-gu Incheon Nam-gu Incheon Metropolitan City 16-ro, the Defendant was driving at the back seat of the victim C(56 years of age) and the victim was going to turn to the left from the front seat of the training-dong in Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, Yeonsu-gu, the Defendant got to turn to the left from the south-dong gymnasp of the victim, and without any reason, 3 times back the back of the victim's right head under the influence of alcohol, and when the victim was drinking one time as a drink.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Gabbbbox image flafing photographs;

1. Each report on investigation;

1. Previous convictions indicated in judgment: Criminal history records, references to criminal records, reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes to investigation reports (period of suspension of execution of sentence and main period of confirmation);

1. Grounds for sentencing under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the same Act concerning the relevant criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Where the sentencing criteria are applied [Scope of Recommendation] and the basic area (two months to ten months), which is the basic area (including specially mitigated persons), the punishment (including serious efforts to recover from damage), the non-conformity (including serious efforts to recover damage), or the driver of a motor vehicle in operation has been assaulted (one type).

3. Determination of sentence: The crime of this case committed in six months by the defendant is committed by assaulting the driver of a taxi in operation, and thus, the nature of the crime is weak because it is likely to cause serious damage to human life and property due to large traffic accidents.

In addition, the defendant has already been guilty of robbery and violence more than ten times, and suspended execution.