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

On February 26, 2014, around night, the Defendant: (a) boarded a D metropolitan bus operated by the victim C (year 60) in the vicinity of the Seoul Gohap Station and tried to calculate the fee by contact with a card terminal; (b) but (c) was sitting down on the top of the steering line so that it could not work well.

피고인은 같은 날 01:10경 위 버스가 인천 서구 완정로 48에 있는 동아아파트 정류장에 이를 무렵 하차하기 위해 위와 같이 요금을 계산하려 하였으나 여전히 신용카드 접촉이 잘 되지 않아 피해자로부터 그냥 내리라는 말을 들었음에도 내리지 않고 있던 중 버스가 출발하자 주먹과 발로 피해자의 얼굴과 머리를 수회 때리고 발로 옆구리를 걷어찼다.

As a result, the defendant suffered injury to the victim, such as a 14-day chest system, which requires treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Damage photographs and on-site photographs;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (case of statements made through telephone conversationss, etc.);

1. The former part of Article 5-10(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) concerning criminal facts

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 (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Scope of Recommendation] Crimes of Types IV (Bodily Injury to Drivers) and the special mitigation area (five months to two years of imprisonment) (Special Mitigation) of the sentencing criteria, and damage to minor or not punished members.