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

피고인은 2016. 10. 29. 06:35 경 서울 금천구 C에 있는 D 편의점 앞에서 술에 취한 상태로 피해자 E(62 세) 이 운행하는 F 택시 뒷자리에 승차하여 피해자가 택시를 운행하고 있는 중에 아무런 이유 없이 오른손에 휴대 전화를 쥔 상태에서 피해자의 왼쪽 머리 부위를 여러 차례 때리고 발로 피해자의 옆구리를 여러 차례 차 피해자에게 약 15 일간 치료가 필요한 안면부 타박상 등의 상해를 입게 하였다.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (the submission of a written diagnosis of injury to victim E);

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [the types of punishment] Class 4 (Bodily Injury by Violence of Drivers) (Special Sentencing) mitigated elements: Imprisonment with prison labor for not less than 10 months but not more than 2 years [the scope of the recommended punishment] in the area of mitigation of punishment [the scope of the recommended punishment] [the scope of the final sentence] by imprisonment with prison labor for not less than one year and six months and not more than two years (compliance with the lower limit of the punishment by law).

3. Determination of sentence: The defendant's responsibility is not less than that of assaulting the victim who is driving a motor vehicle for a year and a six-month period of suspension of execution of one year and a two-year period of suspension of execution, not that of infringing the victim's body, but is likely to cause additional damage by causing a traffic accident.

However, if there is an agreement with the victim, the injured party does not want to punish the accused.