1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인과 C은 2016. 1. 7. 20:15경 광주 동구 대인동에 있는 롯데백화점 근처 길에서 피해자 D(63세)이 운행하는 영업용 택시에 승차하여 목적지인 서방사거리 부근에 이르러 피해자에게 “여기가 아니다. 기사가 돼 가지고 길도 모른다”며 시비를 하면서 번갈아 가며 운전 중이던 피해자의 뒤통수를 손바닥으로 때리고, 이에 피해자가 광주 북구 E 앞길에서 택시를 정차하자 C이 손으로 피해자의 팔을 잡아 밖으로 끌어냈고 피고인은 손으로 피해자의 몸을 밀었으며, C은 소주병을 들고 와 때릴 듯이 위협하면서 발로 피해자의 다리 부위와 옆구리를 걷어찼다.

Accordingly, the Defendant assaulted the driver of a vehicle in operation jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Some statements are written by the defendant, the suspect interrogation protocol of the prosecution against D, and the suspect interrogation protocol of the prosecution against C;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Determination as to the assertion by the Defendant and the defense counsel regarding the reproduction and viewing result of the taxi cream CD

1. The defendant and his defense counsel's assertion that the defendant and his defense counsel told the victim D and C fighting at the time and place recorded in the facts of the crime as stated in the judgment of the defendant, and they do not have any fact at the time and place.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the above evidence duly adopted and investigated by this court, it can be acknowledged that the defendant committed assault against the victim D, a taxi driver, who is a taxi driver in joint operation with C as stated in the judgment of the court.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

1 The statements of witnesses, including victims, are generally consistent.