A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 24, 2014, at around 21:40, the Defendant: (a) taken the front of the “C” road located in Seojin-gu Seoul Special Metropolitan City, and (b) took the front of the E-si taxi seat driven by the victim D (58 years old); (c) took the front of the E-si Special Self-Governing Province in which the victim D (58 years old); and (d) taken the front of the E-si Special Self-Governing Province in which the victim D is driving the front of the E-si Special Self-Governing Province; and (d) went back to the front and the front station, and without any special reason, went into the front and the front station.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

2. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the accused).

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The range of recommendation [decision of type] according to the sentencing criteria for violence crime of category 1 (General Violence): Where the driver of a motor vehicle in operation has abused the driver of a motor vehicle (type 1) [decision of the recommended area] increased area (general person] increased area: 4 months to one year.

3. Determination of sentence: The crime of this case for one year of suspended execution for the four months is committed by assaulting the driver of a vehicle in operation, and the nature of the crime and the circumstances are not weak, the act of assaulting the driver of a vehicle in operation may lead to a traffic accident, which is highly dangerous, and the defendant does not reach an agreement with the victim, nor seems to have made active efforts to recover from damage, and the defendant has a record of being punished several times as violent crimes, etc. that are disadvantageous to the defendant.

However, the defendant was willing to commit the crime of this case.