Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2017. 10. 6. 23:40 경 천안시 동 남구 충절로 173에 있는 택시 승강장에서 피해자 C(46 세) 운 행의 D 택시 뒷좌석에 승차하여 천안시 서 북구 성거읍 망 향로 230에 있는 도로를 진행하던 중 피해 자로부터 택시 안에서 담배를 피우는 것을 제지 받자 화가 나 운전 중인 피해자의 목을 조르고 손바닥으로 피해자의 머리를 1회 때리고 발로 피해자를 수회 걷어찼다.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation and caused the victim to be injured by the salt, tension, etc. of the subject that requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written diagnosis of injury;

1. The criminal place;

1. Investigation report (the attachment of a written diagnosis of injury, the closure of CCTV images that the victim assaults, accompanied by a photograph of the victim, and the addition of the instant black stuff images);

1. Application of Acts and subordinate statutes to photographs of victims;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 15 years;

2. Application of the sentencing criteria [the type of determination] Violence (the person who is in charge of special sentencing) Class 4 (the person who is in charge of causing violence to a driver): In case of minor injury (2 and 4). Punishment not (including serious efforts to recover damage), or recovery from considerable damage (the scope of recommended punishment] Special mitigation area / [the scope of recommended punishment] Special mitigation area / imprisonment with prison labor for not less than five months but not more than two years;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a two-year period of suspended execution is committed by the defendant by assaulting the taxi driver who is in operation by force and causing injury, and violence against the driver shall be committed.