A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 6, 2013, around 20:45, the Defendant used the F personal taxi operated by the Victim E (the 66-year-old) as a customer, and arrived at the front of the “H Hospital” located in G in the Jeju-si where the destination is, without any justifiable reason, used the victim’s back head on drinking, and used the victim’s back head on drinking, and used the victim’s back head on drinking, and used the victim’s back head on drinking, and used the victim’s back head on drinking to request assistance.

Summary of Evidence

1. Statement by the defendant in court;

1. The defense counsel asserts that the defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of the crime in this case. According to the evidence, it cannot be deemed that the victim's statement (in case where the defendant was under the influence of alcohol at the time of the crime in this case, the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime in this case. However, in light of the victim's statement that "the defendant was under the influence of alcohol at the time of the crime in this case, but the defendant was under the influence of alcohol at the time of the crime in this case, and the victim's statement that "the defendant was under the influence of alcohol at the time of the crime in this case."

The above argument cannot be accepted.

Application of Statutes

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: The provision of Article 5-10 (1) and the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend a lecture: Recommendations, sentences and scope of sentence on the grounds of sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. (the grounds of sentencing) [the violent crime group, the assault crime group, the first category, and the aggravated area (the automobiles in operation); and