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 November 20, 2012, around 21:20, the Defendant: (a) moved to a victim’s passenger of D taxi that the victim C (year 51) driven in front of the Haak-dong located in Busan Metropolitan City on November 20, 2012; (b) 2 times the victim’s entrance to the said taxi on the floor of the Haak-si on the ground that the victim would go against his/her duty; (c) brought about the victim’s entrance to the said taxi on approximately two-day basis; and (d) brought about the victim’s injury to the character of the oral and oral mouth, and was in a st

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to report on investigation (issuance of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [Determination of Penalty] group, violent crime group, assault crime, driver's bodily injury (Type 4] mitigation element] - Minor injury, penalty reduction element (general person) mitigation element] - serious reflectment [the scope of recommending punishment] - From May to two years [the minimum limit of sentence (1/2) recommended in the sentencing guidelines shall be mitigated, since there are not less than two special mitigation factors] - imprisonment with prison labor for not less than five months and 2 years (the minimum of sentence range (10 months) recommended in the sentencing guidelines);

(b) Scope of the revised recommendation: Imprisonment with prison labor for a year and six months to two years (in consideration of the lower limit of the applicable sentencing); and

(c) the criteria for probation [major reasons] positive - minor injury, non-conformity with punishment (general reasons) - positive - positive - neither serious reflective nor more criminal records of stay of execution, if the driver of a motor vehicle in operation is a victim;

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and