A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[Criminal record] On April 4, 2012, the Defendant was sentenced to two years of imprisonment for attempted murder, etc. by Seoul Southern District Court, and completed the execution of the sentence in Seoul Southern District Court on October 1, 2013.

[2] On November 28, 2015, the Defendant: (a) around 15:40 on the road in front of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the ground that the Defendant followed the direction of walking the taxi, and caused the Plaintiff’s face against the victim D (55 years old) who was driving the taxi; (b) the Defendant opened the cab driver’s seat and opened the cab driver’s seat on five occasions.

As a result, the defendant suffered bodily injury, such as the inner part and the old net injury, which require approximately two weeks of medical treatment to the victim by considering the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. Each investigation report (in relation to emergency hospitalization of a suspect, submission of a medical certificate of injury, details of damage, and confirmation of intent to punish the suspect);

1. A medical certificate of injury, or a damaged photograph;

1. Previous records: Application of two Acts and subordinate statutes, such as a result of inquiry, investigation report (Attachment of judgment related to the treatment and custody of a suspect), and copy of the judgment (Seoul Southern District Court Decision 201 Gohap 408 Maz. 408);

1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness [the scope of recommending punishment] general injury [the scope of recommending punishment] under Article 10(2) and Article 55(1)3 of the Criminal Act, the basic area (from April to January 1) (the person who is specially mitigated) [the person who is not in charge of himself] mental and physical weakness (the person who is not in a special mitigation] / The defendant committed the instant crime during the period of repeated crime, and it is inevitable that the defendant is sentenced to imprisonment with prison labor.

However, considering the fact that the defendant is led to confession, is in depth against himself, and is deemed to have committed the crime under the mental and physical weakness.

In this context, various circumstances such as the defendant's age, sex, health, home environment, background of the crime, and circumstances after the crime are considered.