A defendant shall be punished by imprisonment for 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 April 28, 2019, at around 04:15, the Defendant: (a) boarded the Victim B (year 42) on the cab head, who was on board and passed the road in front of Gwanak-gu in Seoul Special Metropolitan City, and (b) asked the Victim “Isle Dop” to “Isle Dop Dop,” and used the Victim’s face while driving a vehicle without any justifiable reason at one time with left hand; (c) assaulted the Driver of a motor vehicle in operation on one occasion with left hand; and (d) once again with the left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim;

1. Damage photographs;

1. Application of the CD 1 statute

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;

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 on probation and lecture attendance order;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes [Type 1] ordinary assault [Special Assaults] mitigated elements: Where the degree of assault is minor (type 1, 6, and 7): where the degree of assault is minor (including efforts made to recover damage), a non-exclusive measure (including a serious effort made to recover damage), or a considerable partial recovery from damage (the area of recommendation and the scope of recommendation]; the area of special mitigation; the area of imprisonment with labor for one month through August;

3. Determination of sentence: Six months of imprisonment, and two years of suspension of execution, the defendant assaulted the face of a taxi driver in prison.

There are many criminal records of the same kind to the defendant, the crime of this case is dangerous and serious crimes that may lead to a serious accident, and the defendant seems to repeat the same crime due to the influence of alcohol.

However, as a class 1 of visual disability, the defendant's mistake is divided in depth, and the degree of assault is not much serious, and it has been agreed with the victim.