A defendant shall be punished by imprisonment for not less than two months.

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

Punishment of the crime

On February 17, 2020, around 18:53, the Defendant, while getting on and off a cab operated by the injured party B (the age of 42) in the vicinity of the Mandong-ro 55-ro 14, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 2020, committed assault against the injured party’s chest and the side fright portion, without any reason, under the influence of alcohol, when the injured party stops temporarily for the signal atmosphere.

The facts charged are revised and recognized ex officio to the extent that it is not disadvantageous to the defendant's right of defense.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Blucking images;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of Babbbox Images);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the scope of recommendation [Article 1] assaulting crimes in general [Article 1]: Where the degree of assault is minor, the factors of aggravation of punishment in terms of aggravation of punishment: Where the driver of a motor vehicle in operation has assaulted the driver of the motor vehicle in operation [the area of recommendation and the scope of recommendation] mitigation area, and one month through August;

3. Determination of sentence: A crime of assaulting a driver in a normal operation who is disadvantageous to two months of imprisonment or one year of suspended sentence is not only inflicting bodily harm on the driver, but also is also likely to seriously affect public traffic safety, and thus, the crime is bad;

The defendant has been punished by a fine for the same crime in around 2017.

The degree of favorable normal assault is relatively minor, even if the victim's chest or side gate is found, or the degree of the citizen is relatively minor.

The defendant shows his attitude against the defendant.

The victim shall reach the defendant by mutual consent with the victim only.