A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 28, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the obstruction of performance of official duties by the District Court of Jung-gu on August 28, 2017, and the judgment became final and conclusive on December 6, 2017, and is currently under probation period.

On March 2, 2019, at around 21:52, the Defendant: (a) driven by the victim B (75 years of age) who was proceeding near the “Yansan Station” located within the Yongsan-gu Seoul Han River on March 2, 2019; (b) on the ground that the victim was under the influence of drinking by asking for an accurate destination; (c) the victim was able to take a bath under the influence of drinking and sound; and (d) the victim’s right part of the victim’s right part of the elbbbow with the left part of the elbbbbow, was 3 to 4 times at the right part of the victim’s face with the right part of drinking.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

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

1. Protocol of the police statement concerning B;

1. Investigation report (verification of black stay images);

1. Photographss by cutting a black stuffe image;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and personal history reports;

1. The crime of this case committed by the defendant on the grounds of sentencing under Article 5-10(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime of this case is a case where the defendant assaults a driver of 75 years of age, who is getting off from the vehicle, and again drive away the victim.

The defendant explains the situation that he does not memory all the alcohol.

However, according to the records, the defendant had a clear consciousness at the time and committed the crime of this case, and the defendant was punished by other violent acts like the previous conviction in the judgment.

피고인이 어려서부터 가족과 단절된 채 오랜 기간 홀로 생활했고 그로 인해 사회적 관계나 자신의 의사표현 능력, 타인에 대한 신뢰 형성이 옅어진 상태에서 이 사건...