A defendant shall be punished by imprisonment for four 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

At around 19:40 on September 17, 2015, the Defendant, while getting in the village bus No. 310 driven by the victim B (the age of 62) at the bus stops located in Seongdong-gu Seoul Metropolitan Government No. 4 in the Sungdong-gu bus stops in front of the bus stops, and moving back to the exit of the 3rd space of the sexual water zone, the Defendant, on the ground that the victim requested the settlement of bus charges several times, provided a bath or the victim’s bath, and bought the face of the victim by walking the fluor by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of the Acts and subordinate statutes of submission (including CDs);

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;

1. The defendant's assertion of Article 62-2 of the Social Service Order Criminal Act asserts that the defendant was in a state of mental disorder by drinking at the time of the crime of this case. Thus, according to each of the above evidence, the fact that the defendant was under the influence of alcohol at the time of the crime of this case can be acknowledged. Meanwhile, in light of all the circumstances such as the content of the crime of this case and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence

The defendant's above assertion cannot be accepted as it seems to be in a state or weak condition.

Reasons for sentencing

1. Where he/she assaults a driver of a motor vehicle who is in operation of a motor vehicle in the aggravated area (from April to one year) (a special person) of Category 1 (Scope of Recommendation) of the Punishment Criteria for Crimes of Violence;

2. The crime of this case committed by assaulting the driver of a village bus in operation of a sentence is likely to cause harm to human life due to a traffic accident. Therefore, the nature of the crime is serious and the damage is not recovered.