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

Punishment of the crime

피고인은 2013. 1. 30. 20:03경 창원시 마산합포구 C 앞에서 피해자 D(56세)이 운행하는 E 택시에 승차하여 같은 시 마산회원구 회성동 부근을 지나던 중 피해자가 택시를 빠르게 운행하지 않는다는 생각이 들자 화가 나 피해자에게 "야 이쌔끼야.“라고 욕설하면서 손으로 피해자의 상의 옷깃을 잡아당기고 주먹으로 피해자의 목 부분을 2회 때렸다.

The Defendant assaulted the victim on the same way, thereby resulting in injury to the right side scambling, etc. requiring treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to each investigation report (in relation to attachment of an injury diagnosis report, and attachment of photographs by booming a black paper);

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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment: Imprisonment with prison labor for not less than one year and not more than six months but not more than fifteen years;

2. Reduction elements according to the sentencing guidelines: The scope of the recommended sentences [decision of types] according to the sentencing guidelines, the group of violent crimes, the group of assault crimes of Type IV (Specially Bodily Bodily Aggravated Injury): The mitigated area of minor bodily harm, non-prosecution (decision on the recommended area] mitigated area of punishment [the scope of the recommended area] [the scope of modified recommended punishment] imprisonment with prison labor for not less than 10 months but not more than 2 years (the scope of corrected recommended punishment] between not less than 1 and not less than 6 months and not more than 2 years (the minimum of the sentencing range recommended in the sentencing guidelines is less than the minimum of the applicable sentences, and thus the minimum of the applicable sentences is shorter than the minimum of

3. The crime of this case committed by the defendant on the sentence of sentence is deemed to have inflicted an injury upon the victim's neck while driving a taxi, and the assault against the driver of a motor vehicle in operation shall cause a traffic accident.