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

피고인은 2015. 2. 9. 20:50경부터 21:13경까지 서울 송파구 방이동 번지 불상지에서 피해자 C(63세)가 운전하는 D 영업용 택시 조수석에 승차하여 목적지인 같은 구 장지동으로 운행 중 같은 구 문정역 부근에 이르러, 피해자에게 갑자기 차를 세우라고 하면서 주먹으로 피해자의 얼굴을 2회 가량 때리고, 위 택시가 정차하자, 핸드폰을 손에 쥔 채로 피해자의 얼굴 부위를 수회 때린 다음 계속하여 위 택시에서 내려 피고인을 붙잡는 피해자의 다리를 수회 걸어 넘어뜨렸다.

As a result, the Defendant abused the driver of a motor vehicle in operation, resulting in injury to the victim by taking advantage of the parts of the victim's right horse, snow part, fluoral part, and the part of the arm's length with which the number of days of treatment can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographs, such as parts of the injury of the victim, diagnostic certificate, copy of medical record, and description of the injury;

1. As to the assertion of the Defendant and the defense counsel, the Defendant and the defense counsel stated that the Defendant was in a state of mental and physical disability by stating that at the time when the crime was committed, the Defendant was under the influence of alcohol.

According to the above evidence, although it is recognized that the defendant had drank a little amount of alcohol at the time, in light of various circumstances, such as the background and means of the crime of this case, the defendant's behavior before and after the crime of this case, and the degree of defendant's memory as to the crime of this case, the above assertion is rejected, since it does not seem that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of crime

Application of Statutes

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes