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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On April 15, 2017, the Defendant: (a) was boarding a D taxi operated by the Victim C (the South, the age of 62) on April 21:45, 2017, and was passing through the Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, the purpose of which is to leave the D taxi; and (b) while the Defendant was passing through the Seowon-si, Suwon-si, Suwon-si, the Changwon-si, the Changwon-si, the Chang
followed. Doz. Do.
“The victim’s face was taken five times as drinking while speaking.”
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A report on investigation;
1. On-site photographs;
1. Photographss of video images of black stuffs;
1. Photographs photographs of damaged parts;
1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis result);
1. In the case of assaulting the driver of a motor vehicle in operation (type 1) in the basic area (two to ten months), the basic area (two to one month), the punishment is not to be imposed (including a serious effort to recover damage), or considerable damage is to be restored in accordance with Article 5-10(1) 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 reason for sentencing of sentence of imprisonment [the scope of recommendation], and the reason for sentencing of sentence (a general assault).
However, in consideration of the fact that the defendant was sentenced to imprisonment with prison labor for six months at the Suwon Flag on April 1, 2015 and was sentenced to a two-year grace period for the crime of assault, etc., but again committed the crime of this case despite the fact that traffic accidents have occurred due to the crime of this case, and that the defendant has already been punished several times for the crime of violence, etc., it is inevitable to sentence sentence to the defendant.
The punishment shall be determined as ordered within the scope of the recommended punishment in consideration of all the conditions of sentencing, such as the above circumstances, the age, conduct, environment, motive, etc. of the defendant.