A defendant shall be punished by imprisonment for six 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

around 23:50 on July 8, 2017, the Defendant left the victim C (25 years) who is a proxy driver in a motor vehicle parked in the southwest of the C (25 years) in Gangnam-gu, Seoul at the pressure-gu, Gangnam-gu, Seoul, for the reason that he well raises this path, by hand, left the victim's hand's hand and arms from the motor vehicle, and left the victim's head's debt by hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Application of Acts and subordinate statutes to report voluntary accompanying, photographs of violence, and investigation results;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime, and Article 260 of the Criminal Act, and selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the Defendant’s assertion on the community service order under Article 62-2 of the Criminal Act was in a state of mental and physical weakness under the influence of alcohol.

The argument is asserted.

Comprehensively taking account of each of the above evidence duly adopted and examined by the court, the fact that the defendant was under the influence of alcohol at the time of the crime of this case may be acknowledged. However, in light of the background, means and methods of the crime of this case, and the conduct before and after the crime of this case, it does not seem that the defendant was under the influence of alcohol to discern things or make decisions.

We cannot accept the Defendant’s assertion.

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for one to two years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence Crime>>> (1) (1) of the Act on Violence Crime>

B. There is no special sentencing factor:

(c) The scope of the recommended territory and the recommended range of punishment: Basic territory, imprisonment for two to ten months; and

3. Determination of sentence;

A. Unfavorable circumstances: the Defendant committed the instant crime in which he/she had a record of criminal punishment for violent crimes, such as bodily injury, etc., on seven occasions, and in particular, even though he/she was subject to criminal punishment twice by assaulting an acting driver, he/she again committed the instant crime.