A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 4. 17. 00:22 경 서울 동대문구 한 천로 58길 107 ( 이문동 )에 있는 현대아파트 앞 주차장에서, 승차 중이 던 피해자 C( 남, 54세) 이 운전하는 D LF 소나타 택시가 피고인을 하차시키기 위하여 잠시 정차하였을 때 피해자가 잠을 자고 있던 피고인을 깨우고 말을 걸어서 화가 난다는 이유로, 주먹으로 피해자의 양 턱을 4~5 회 때리고, 손으로 뒤통수를 수회 때리고, 손으로 멱살을 잡아 흔들고, 오른발로 왼쪽 정강이를 1회 걷어찼다.

As a result, the Defendant assaulted the driver of an automobile in operation, thereby resulting in the victim's mispercing of the number of days of treatment on the breast side and left mouth.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The part and degree of injury as indicated in the judgment: The application of Acts and subordinate statutes on the part of damage, photographs, and receipt of hospital medical expenses;

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 among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

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

2. Application of the sentencing criteria [types] The injury (type 4) caused by assault by a driver (special sentencing person): The mitigated element: The lower limit of the sentencing range recommended by the sentencing guidelines in January 1 and June, is lower than the lower limit of the applicable sentencing range, and thus, the lower limit of the applicable sentencing range in law shall be set by the applicable sentencing range.

Not less than two years but not more than two years (limited areas of mitigation);

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence are crimes in this case where the defendant inflicts bodily injury on the victim who is a taxi engineer without good cause under the influence of alcohol.