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

On July 3, 2014, at around 00:20 on July 3, 2014, the Defendant boarded a D taxi operated by the injured party C (the age of 57) in the vicinity of the Aar apartment commercial building in Seo-gu Daejeon, Seo-gu, Daejeon at around 00:35, and took a bath for the injured party who was driven on the 39th century, and was driven in front of the Kim Hancheon-gu, Daejeon at around 00:35, and took one hand of the injured party’s son’s son, right son’s son, and one hand, with the injured party’s right son.

As a result, the Defendant abused the driver of a vehicle in operation, thereby resulting in damages to the victim's personality that requires approximately 14 days medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [Scope of Recommendation] Violence and Injury (Type 4) caused by assault by a driver (type 4): - Insignificant injury, non-influence of punishment - None of increased factors: Imprisonment with prison labor for not less than five months to two years (the minimum sentence of recommendation shall be mitigated by up to 1/2 as it falls under the cases where not less than two special mitigations exist).

3. Determination of sentence: One year and six months of imprisonment, two years of suspended execution, and 40 hours of order to attend the instant crime committed by assaulting the driver of a vehicle in operation, resulting in the injury of the vehicle in operation, and in addition to the possibility of criticism on the crime itself, the nature of the crime is more serious, and the Defendant also has served as one time of suspended execution and seven times of fine due to violent crimes, in view of the fact that the crime in this case was committed by assaulting the driver of the vehicle in operation.