A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On October 20, 2015, around 08:30 on October 20, 2015, the Defendant boarded the victim E (63 years old) (hereinafter “D Hospital”) before the “D Hospital” located in Seocho-gu Seoul Metropolitan Government, and was going to the destination of the CGV drying-dong, Gangnam-gu, Seoul. When the Defendant was going to the front road of the “G hotel” located in Gangnam-gu Seoul Metropolitan Government F, the Defendant took a bath for the victim who drives the said taxi on the ground that the victim did not have his/her destination, set the driver’s seat at five times, and set the victim’s head at his/her hand.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on police statements made to E and H;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Aggravation of the recommended punishment according to the sentencing guidelines - the scope of the recommended punishment [the type of determination] / violent crime group, assault crime, and type 1 (special assault): Where the driver of a motor vehicle in operation assaults the driver of a motor vehicle in operation, the mitigation element: In addition, [the scope of the recommended punishment]: In the basic area of the mitigated punishment [the scope of the recommended punishment]: February to October [the criteria for suspended sentence]: In the event that the driver of a motor vehicle in operation is the victim of the motor vehicle in operation for a period of not more than 5 years, due to the lack of positive punishment – a fine not exceeding - a fine not exceeding 3 times in the event that there is no criminal conviction or a criminal conviction or heavier punishment - there are no adverse factors

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime of this case committed by the defendant was committed by assaulting the driver of a vehicle in operation due to the occurrence of the victim who was driving a taxi while on board the taxi, etc., and the crime of assaulting the driver is committed.