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 became final and conclusive.

Criminal facts

피고인은 2013. 7. 29. 23:20경 울산 남구 C아파트 앞 노상에서 피해자 D(33세)이 운전하는 E 택시 조수석 뒷좌석에 승차하여 귀가하던 중 행선지를 말하지 아니하고, 아무런 이유없이 피해자에게 “개새끼 죽여버린다. 씨발 좆같은 새끼야”라고 욕설을 하면서 손바닥으로 피해자의 빰을 수회 때리고 목을 조르는 등 하여 피해자에게 약 14일간의 치료가 필요한 요추부 염좌 등의 상해를 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A medical certificate (D);

1. The application of Acts and subordinate statutes to an investigation report (the recording of a victim's telephone statement and the accompanying report of a black box image);

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. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of sentencing which has been advantageous to the reasons for sentencing] [the scope of sentencing] - 1 year and 6 months to 15 years [the decision of sentencing] - violent crime, assault crime, driver's bodily injury (type 4] - The elements for mitigation : Insignificant bodily injury and non-abstinence [the scope of recommending punishment] - 5 months to 2 years (at least 2 special mitigation factors) [the scope of revised sentencing] 1/2 years from 1 year and 6 months from 2 years from 1 year and 2 years (the minimum of the sentencing range recommended by the sentencing sentencing guidelines is short of the minimum of the sentencing sentencing range), - The mitigated element - The major reasons for suspended sentence - the affirmative injury, minor injury, non-abstinence of punishment - general driving circumstances - the defendant's age and behavior in one year from 2 years to 3 years from 2 years from 1 year to 3 years from 1 year from -2 years from 3 years from the sentencing.