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

피고인은 2014. 1. 13. 22:25경 서울 관악구 C 앞 도로에서 피해자 D(55세)이 운행하는 E 개인택시에 승차한 다음 택시 안에 침을 뱉은 것에 관하여 피해자로부터 “차안에 침을 뱉으면 어떻게 하느냐.”라는 항의를 받게 되자 “이 쌍놈의 새끼, 니가 이런 것 보기 싫으면 택시를 안 하면 되지.”라고 욕설하면서 위 택시를 운행 중인 피해자가 앉아 있는 의자를 발로 16회 걷어찼다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of the Acts and subordinate statutes on CDs of taxi booms and video-recording images of the F District CCTV;

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;

1. Article 62 (1) of the Criminal Act (including the circumstances, etc. described in the following reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Act [Determination of Punishment] Violence : (a) Category 1 (General Violence) - Where a driver of a motor vehicle in operation of an aggravated element is assaulted (Type 1) / [decision on the recommended area] 4-1 year [the scope of punishment / [decision on the sentenced area] 4-1 year [the defendant has been sentenced four times due to violent crimes, but he again committed the instant crime of assaulting a victim who drives a taxi under the influence of alcohol again, and it is not deemed that he committed the instant crime of assaulting another person, such as harming the other person's fault, attitude, criminal record, etc. until this court does not seem to be contrary to the truth, and thus, in light of the defendant's tendency, attitude, criminal record, etc., he/she shall choose imprisonment at this time.

Provided, That the punishment shall be suspended by determining the period of punishment in consideration of the fact that the degree of assault by the defendant was not excessive, the health of the defendant, family relationship, environment, etc., and all other circumstances, but an opportunity to care for the defendant.