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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 7, 2017, at around 01:30, the Defendant was drunk on a Gun-based taxi operated by the victim RR (66 years old) in the vicinity of the military station located in Gwangjin-gu Seoul Special Metropolitan City, and took a bath without any reason in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City, and took a bath for the victim's face and shoulder with one hand. The Defendant was 6 times the victim's face and shoulder with other hand.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against R;
1. U’s written statement;
1. Application of Acts and subordinate statutes to photographs of victims;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The case of assaulting the driver of a motor vehicle carrying the type 1 (4 months to 1 year) [Special Aggravationd Persons] [1] The decision of sentence] that did not reach an agreement with the victim; the records of punishment for the same kind of crime can be possible; the degree of assault; the defendant's age, sex, environment, motive, means and result of the crime; and all other circumstances, such as the circumstances after the crime.