A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On September 8, 2015, at around 02:45, the Defendant: (a) requested the victim D(58 years of age) to leave a taxi in front of the Seoul Western-gu Seoul Metropolitan Government, which was operated by the victim D(58) on the road; (b) however, the Defendant rejected the victim’s right-hand and refused the demand, stating that the victim’s refusal is a zone where the right-hand became safe; and (c) the Defendant: (a) caused the victim by assaulting the victim, who is the driver of a motor vehicle operated by the method of cutting down the victim’s face by drinking and hand; (b) caused the victim’s injury, such as sprinking sprinkbling, which requires treatment for about ten (10) days.

Summary of Evidence

1. Legal statement of witness D;

1. A report on investigation (the sequence 1 of evidence list);

1. Application of Acts and subordinate statutes of each photograph and written diagnosis of injury;

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. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. The summary of the assertion ① Although the Defendant refused the demand of the F, the victim, who was on duty, before the right-hand of the right-hand of the right-hand, and thus, did not have any violence against the victim.

② Even if the Defendant’s assault is recognized, it is not clear whether the result of injury occurred while driving the victim or whether it occurred after stopping.

2. Determination

A. First, we examine the argument that the defendant did not assault the victim.

1. The victim stated that he was assaulted by the victim on the floor of drinking and hand as stated in the facts of the crime in the judgment of the defendant, and that the defendant and the defendant's wife F did not contain any assault against the victim.