A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

To the extent that it does not infringe the defendant's right of defense, part of the facts charged was revised ex officio.

The defendant is a passenger boarding a D (cab number E) bus driven by the victim C (50 years of age) at the bus stops in Yeongdeungpo-gu Seoul Metropolitan Government.

On November 26, 2019, around 23:18, the Defendant got in front of the F stop in Yangcheon-gu Seoul Metropolitan Government, and caused injury to the victim, such as light fluoral fums, right fluor, and fluoral fum, which require two weeks of treatment of the driver’s seat, by making the victim stop the bus, thoroughly shut down the passenger’s side of the driver’s seat, and shut down the passenger’s right kne in the passenger’s right kne; the victim’s right knee; the victim’s right knee; the victim’s right kne is tight; the victim’s right knick part is tightly divided into the part of the victim’s right kne; and the victim’s part is brud by assaulting the victim for about two weeks of treatment.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. Statement to C by the police;

1. C’s statement;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing bus CCTV CDs;

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding probation and community service order

1. At the time of the Defendant’s assaulting the victim, the bus was completely stopped not while in operation.

Therefore, the Defendant assaulted the victim, who is “the bus driver in operation,” as indicated in the facts charged in the instant case.