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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 11, 2018, the Defendant: (a) boarded the victim C (54 years old) in the vicinity of the mountain intersection in the south-gu Sea-Si, South-do; and (b) requested the victim to move to the direction of the South-gu, South-gu, Gyeong-gu, Gyeong-do.

피고인은 같은 날 22:12 경 경북 포항시 남구 E에 있는 F 정형외과 병원 앞 도로에서 위 택시를 운전하고 있는 피해 자로부터 ‘ 정확한 목적지를 말해 달라’ 는 말을 듣고 피해자에게 ‘ 니 좆 꼴리는 대로 가라’ 고 말하여 피해자와 말다툼하던 중 화가 나 피해자의 머리를 잡아 흔들었고, 피해 자가 위 택시를 일시 정차하자 주먹으로 피해자의 얼굴 오른쪽 부위를 3회 때리고, 발로 위 택시에 설치된 내 비 게이 션을 걷어 찼다.

As a result, the defendant suffered from the victim's injury, such as an internal inception and inspection, which requires approximately one week medical treatment, and damaged the victim's market price of 3.50,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to criminal place, report on occurrence of crime (fence), internal investigation report (Attachment of photographs), investigation report (Attachment of a written diagnosis of injury, written estimate), investigation report (Attachment of CD images on the face of violence), CD, investigative report (specific act of the suspect - CCTV image verification)

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 366 of the Criminal Act concerning the crime;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

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 Code of the Suspension of Execution (the grounds for the following sentencing)