However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be ordered to provide community service for 40 hours.

On August 9, 2016, the Defendant, at around 02:30 on August 9, 2016, told the victim that he was driven by the victim C(the age of 39) on a D taxi and was going to the new road route in Seoul, and expressed the victim’s desire to be 's face 's sprink, where she was sprinked' on the road in front of the Southern Gunn Zone in Seocho-gu, Seoul, on the ground that he could not be known under the influence of alcohol in accordance with the Seocho-gu, Seoul, while assaulting the victim, such as she was able to sprink the victim’s face at several times, she was placed in the snow and her mouth of the victim, and she was boomed by

Accordingly, the defendant abused the driver of a vehicle in operation and caused the injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A photographic photo of damage and a photographic image of a black stuff;

1. A written diagnosis of injury;

Application of Statutes

1. Article applicable to criminal facts;

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

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Social service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of punishment;

From June to 15 years of imprisonment;

2. Scope of recommendations according to the sentencing criteria;

Violence: Basic area of No. 4 (Bodily Injury to Drivers) and Imprisonment from 1 to 3 years;

3. Determination of sentence: Imprisonment with prison labor for not less than two years and three years of suspended sentence; and

The crime of this case leads to the injury of a victim who operates a taxi, resulting in a traffic accident, and the victim is punished by the defendant. Considering this point, the defendant should be punished strictly.

However, considering the circumstances favorable to the defendant such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the defendant's mistake and the fact that the defendant has no record of punishment as a sentence, and there is no record of criminal punishment exceeding the fine as a crime of the same kind, etc., the punishment as the order shall be determined by comprehensively taking into account various sentencing factors indicated in the trial and records of the case

Judges Jong-jin

Judges Kim Jae-han