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 a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

On July 19, 2017, the Defendant, around 04:00, 183, was on board the taxi head of the taxi that the injured party C (the male and the 54-year old) drive in the vicinity of the Busan Sin-gu Habro, Busan, Habro, and proceeded with 1 km as a hold-out area. On the ground that the injured party prevented the Defendant who wants to smoke, the Defendant suffered damage to the face of the injured party, which requires approximately two weeks of medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (Attachment of a medical certificate of injury) and a criminal investigation report (Attachment of a file for photographing black stuffs);

1. Application of criminal photographs and statutes on damaged photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

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

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for one year and a half years from June to two years (the type of determination) (the person causing violence to a driver): Reduction elements of the punishment (the scope of the recommended punishment) (the scope of the recommendation), reduction scope, reduction scope of the punishment, ten months to two years [the scope of the corrected recommended punishment]] from one year and six months from six months to two years from one year (the lowest limit of the sentencing range recommended by the sentencing criteria is lower than the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set at the statutory minimum limit of the applicable sentencing range).

3. The crime of this case by which the sentence of sentence is to be imposed is an act of assaulting the driver of a vehicle in operation and causing injury to the driver, not an act of infringing the driver's body.