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 October 8, 2019, at around 21:45, the Defendant: (a) committed assault, such as assaulting the victim’s face by cutting the victim’s shoulder at the victim’s own hand, and cutting off the victim’s face with approximately two weeks of treatment under the influence of alcohol, on the ground that the victim’s cab driven by the victim B(53 years of age) was on the underground road in front of the Army Comprehensive Maintenance Complex in Changwon-si, 90 (Dong Eup); (b) was under the influence of alcohol, and was able to take a walk, such as “this rings, soon inside,” and without any particular reason, to inflict an injury on the victim, such as the upper part, if the victim was able to take a medical treatment for about two weeks.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Images of vehicle booms image images to take the course;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the decision of types] the scope of violent crimes [the Sentencing 4] the driver's bodily injury (the person who is a special person] mitigated element of mitigation: Minor injury, non-won [the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] imprisonment for a year and six months to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range in law is different from the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for a year and six months, two years of suspended sentence, and the defendant of a community service order for 80 hours shall assault a victim under driving without any special reason under the influence of alcohol;