A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 12, 2014, the Defendant was sentenced to a suspended sentence of two years for obstruction of performance of official duties by the Seoul Western District Court on August 12, 2014, and was sentenced to a total of nine times of violence.

On January 2, 2019, the Defendant assaulted with the victim, who spited the signal at the front intersection C (the age of 48) located in Gyeyang-gu B on the ground that the Defendant spited the signal inside the bus, on the ground that the Defendant spited the signal inside the bus, such as breathing the breath of the victim who was driving in his hand and breathing it three times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report and telephone communications for reference;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of power);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the degree of violence is minor (type 1, 6, and 7): In cases of minor factors to mitigate the punishment (type 1, 6, and 7): In cases of assaulting the driver of a motor vehicle in operation (type 1), the basic area of recommendation and the scope of recommendation) and the basic area of imprisonment for two months to ten months;

3. Determination of sentence: Imprisonment with prison labor for 10 months, the fact that the defendant for 2 years of suspended sentence has been punished several times for the same kind of crime, and that the damage suffered by the victim has not been restored is disadvantageous.

However, there is no record of punishment exceeding the fine for the same kind of crime except obstruction of performance of official duties, and the defendant's age, character and conduct, environment, motive for the crime, etc.