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

피고인은 2014. 5. 17. 22:20경 부산 남구 C 소재 D주유소 뒤 길에서, 피해자 E(55세)이 운행하는 F 영업용 택시에 승차하여 가던 중 피해자가 “댁이 어디냐 ”라고 목적지를 묻자, 술에 취하여 아무런 이유 없이 “이 새끼야.”라고 욕설을 하면서 휴대전화기를 쥔 손으로 피해자의 얼굴과 머리 등을 수십 회 때렸다.

As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused multiple scambling in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports and investigation reports (Attachment to an injury diagnosis report);

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. The range of recommendations on the sentencing guidelines [decision of types] - Types 4 (Bodily Injury to Drivers) - mitigated elements: In a case where the penalty is not imposed or considerable damage is recovered, [decision on the recommended area] mitigated area] [Scope of recommendations] / [Scope of recommendations] 10 months to 2 years [limited to the scope of modified recommendations] sentenced to imprisonment / 10 months to 10 months to 2 years [referring to the minimum limit of applicable sentences under law] ] - Reduction elements - In a case of serious half [whether or not a sentence of imprisonment is suspended] - The positive reason for a serious action - The positive reason for a failure to punish - The reason for a contingency, serious reflector - The reason for a negative general participation: Where the driver of a vehicle in operation is a victim;

3. One and half years of imprisonment with prison labor, and two years of suspended sentence: Automobiles; and