However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

피고인은 2014. 9. 9. 21:39경 전주시 완산구 남문지구대에서 피해자 C(남, 58세)이 운전하는 D 택시에 승차하여 같은 날 22:10경 김제시 금구면 옥용3길 5 앞길까지 타고 가던 중, 피해자에게 “왜 요금을 많이 받기 위해 뱅뱅 도냐”라고 말하면서 왼손 주먹으로 피해자의 어깨를 1회 치고 왼손으로 차량 핸들을 잡아 돌리고, 택시를 멈추라며 오른팔로 피해자의 목을 약 2~3초간 감아 조여, 운행 중인 자동차의 운전자인 피해자를 폭행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police about C (victim);

1. Application of the photographic Acts 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;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the accused).

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The range of the recommended punishment according to the sentencing guidelines [decision of type] and the range of the recommended punishment [general violence] according to the category 1 (special violence): - Where the mitigated punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered: Where the driver of a motor vehicle in operation has been assaulted (type 1): the basic area [decision of the recommended area] where the driver of the motor vehicle in operation has been committed (decision of the recommended area] the basic area [general person] where the driver of the motor vehicle in operation has been punished (decision of the recommended area: range of recommendations] 2 months to 10 months.

3. Determination of sentence: The defendant committed the crime of this case for one year of suspended sentence for six months, which committed the crime of this case by assaulting the driver of a vehicle in operation by the defendant, is highly dangerous since it may lead to a traffic accident. The defendant committed the crime of this case again without being aware of the lapse of the suspended sentence after being sentenced to imprisonment with prison labor for the same crime.