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

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

Punishment of the crime

On February 20, 2020, at around 22:10, the Defendant: (a) was boarding a CD bus driven by the victim B (55) who started from the Seoul Gangseo-gu bus terminal to the original bus terminal; and (b) was passing around the luminous distance of 395 in the original city in the original city at around 23:23 of the same day, on the ground that the victim did not put up the bus, the Defendant used the victim’s head one time, and assaulted the victim’s face one time by walking.

Accordingly, the Defendant assaulted the victim, who is the driver of a motor vehicle in operation, and inflicted an injury on the victim, such as brain salvy in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement in B;

1. Application of Chapter Two Acts and subordinate statutes to medical certificates;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing criteria [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury [the scope of the recommended punishment] mitigation elements: the reduction area of punishment [the scope of the recommended punishment and the recommended punishment], the imprisonment for ten months through two years [the scope of the recommended punishment corrected according to the applicable sentencing]], and for one year and six months through two years (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence where the defendant committed violence against the victim who driven a bus on board by a large number of passengers, not just constitutes an unlawful act of infringing the victim's body, but also threatens the safety of the passenger and other vehicles, resulting in an accident of large-scale human life damage;