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 September 30, 2012, around 05:10 on September 30, 2012, the Defendant was boarding the back seat of the E-si operated by the victim D (year 47) on the front road of Jongno-gu Seoul Metropolitan Government.

When the victim driven the above taxi and moved to the Dong cemetery, the Defendant expressed the victim’s desire to “this Chewing spam sub sub sub su.” The Defendant saw the victim’s head as his hand, knife the victim’s head, and knife the victim’s neck by arms, and knife the victim’s face by drinking.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and inflicted injury on the brain-dead sugar that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement of D police statement;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following grounds for sentencing)

1. The victim's taxi was stopped at the time, and thus, this case does not constitute the case where "the driver of a motor vehicle in operation" as referred to in Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes was committed.

2. Determination

A. After attending this court as a witness, the victim stated to the effect that the victim was memoryed because the victim was under the barc at the time of assaulting the victim as stated in the facts constituting the crime in the judgment of the defendant, since the victim was under the barc.

However, the following circumstances that can be known by the records and arguments, namely, the statement of the victim prepared at the police investigation stage immediately after the occurrence of the case, shall be prevented from commencing the statement as soon as possible due to the lack of distance.