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

At around 00:30 on September 12, 2013, the Defendant: (a) was boarding the Samsung-gu's headquarters located in Southern-gu Seoul Metropolitan Government, the Defendant: (b) was driving in D-si operated by the victim C (54 years of age); (c) was unable to stop a large number of vehicles going in the direction of the new town in Jung-gu Seoul, Jung-gu; and (d) was driving on the hand floor, with the victim's face while driving on about 20 occasions, the victim's back side while holding about 20 times the forward water part of the victim's cell while driving on about 10 occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Grounds for sentencing under Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria [decision of type] Crimes of violence, assault crimes, and Types IV (Special Aggravations by Drivers) [Special Aggravations] [Scope of the sentence of recommendation] [the scope of the sentence of punishment]] Imprisonment with prison labor for 10 months to 2 years [Provided, That as the lower limit of the range of sentence recommended by the sentencing guidelines is lower than the lower limit of the statutory applicable sentencing range, the lower limit of the applicable sentencing range (one year and six months) shall be set at the law applicable sentencing range] [no general applicable sentencing factor].

3. Determination of sentence: A sentence of imprisonment with prison labor for one year and six months, and three years of the suspended sentence shall be disadvantageous to the defendant, who has served a single suspended sentence and four times of fines due to the same kind of crime;