A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[Criminal Power] On September 17, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (collectively weapons, threats, etc.) in the early branch of the Chuncheon District Court on September 17, 2014, and completed the execution of the sentence in the Gangnam Prison on April 10, 2015.

【Criminal Facts】

At around 23:20 on June 3, 2015, the Defendant: (a) boarded the F taxi of the victim E (year 44) on the front of the D road located in Seocho-si, Seocho-si; (b) and (c) 23:30 on the same day, the Defendant, without any justifiable reason, expressed the victim’s desire to “I am out, I am out, I am out, I am out, I am out, and I am out, I am out, and I am out of the Marine Corps, I am out, I am out, and I am out, I am the part of the right side of the victim in operation, with 10 head, and assaulted the victim’s face and part of the neck by drinking.”

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and G (as of the fourth public trial date);

1. Photographs related to violence;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A), investigation reports (verification reports on the date of release A of a suspect);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Reasons for sentencing of the proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Scope of recommending punishment: Where the degree of violence (a person who is a special mitigation) is insignificant in the basic area (a person who is a special mitigation) / Where the driver of a motor vehicle in operation is assaulted (a type 1, 6, and 7) by two months to ten months (a decision on a type of punishment).

3. Determination of sentence: The defendant, who has been sentenced to violence of 10 months in prison and has been sentenced to more than 3 days from the date of release; the crime of this case is committed by assaulting the driver of a taxi in operation.