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

Punishment of the crime

[criminal power] On December 23, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special injury, etc. at the Seoul Northern District Court, and completed the execution of the sentence in the 2nd prison of North Korea on July 7, 2018.

【Criminal Facts】

At around 08:20 on December 4, 2018, the Defendant: (a) committed assault to the Defendant, a bus driver, on the part of Gwangju metropolitan City, such as: (b) the victim C, a bus driver, was at the time of smoking tobacco; and (c) the victim was at the time at the time of smoking the bus; (d) the victim was fluording down a fluor; (e) the victim was fluoring the head of the victim by making one-time the head of the victim’s fluor; and (e) the victim was fluoring the head of the victim’s fluor by taking by hand the victim’s fluoring the victim’s head.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. Each investigation report, on-site photo, and investigation report (to hear statements from the victim C by telephone);

1. Previous records of judgment: Criminal records, inquiry records, personal confinement records, application of the same Act and subordinate statutes;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Where he/she assaults a driver of a motor vehicle in operation of a motor vehicle in a special aggravation area (4 to 2 months), (4 to 3 months), or a repeated crime of the same kind, within the scope of recommendations according to the sentencing guidelines (the scope of recommendations);

2. Determination of sentence [Judgment by Prosecutor] 1 year of imprisonment [Judgment by Prosecutor] 8 months of imprisonment with prison labor, the fact that a passenger vehicle was in operation on an expressway and a large number of passengers were on board the expressway, the degree of violence was not mitigated, and the defendant was in the period of repeated offense, and the fact that violence-related force was considerably high.