Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
On September 28, 2013, around 15:40 on September 28, 2013, the Defendant: (a) took a bath to stop the said taxi in front of the said zone on the ground that the victim D (the age of 60) was on board the E-si operated by Bupyeong-gu Incheon Metropolitan City; and (b) took a assault to stop the said taxi on the front of the said zone on the ground that the victim d (the age of 60) was going to another way while getting on the e-si.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victims);
1. Relevant provisions of the Criminal Act concerning the facts constituting the crime. Article 260 (1) of the Criminal Act (Options of Imprisonment);
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of applicable sentences under law: Imprisonment for one month to two years; and
2. Application of the sentencing criteria;
(a) Determination of types: [18] violent crimes, 03. Violence crimes, [1] General Violence;
(b) A special-at-law or general-at-law: None;
(c) Scope of recommendations: Basic area, two months to ten months;
2. Determination of sentence: Imprisonment with prison labor for not less than four months, with a stay of execution for two years, community service, and not less than 80 hours [fluored circumstances] that there is no criminal force above a stay of execution for not less than ever [fluorous circumstances]; the victim before being viewed by police officers had been punished by a fine for not less than two times for a violation of the Punishment of Violences, etc. Act from 1999; 500,000 won for a fine for an act of assaulting a taxi driver on January 7, 2002 and causing an injury; 3 million won for a fine by assaulting a taxi driver on August 5, 2010;