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

The defendant is a guest who gets on a D taxi driven by the victim C(63 years of age).

At around 23:30 on March 22, 2016, the Defendant: (a) was working on the front road of the FF Driving School located in Sejong-si, Daejeon-si; (b) was aware that the victim would be in need of necessity due to alcohol; and (c) was able to “this sprinke, anywhere,” and (d) expressed the victim’s right side by drinking the victim at one time, thereby causing the victim to damage to the sprinke and tension in need of medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the range of the recommended punishment according to the sentencing guidelines shall be types of assault crimes 4 [the scope of the recommended punishment] and minor injury and non-permanent mitigation [the scope of the recommended punishment] [the scope of the recommended punishment] 5 months to 2 years (the minimum of the sentenced punishment recommended in the sentencing guidelines shall be mitigated to 1/2 because there exist not less than two special mitigation areas and special mitigations) / the minimum of the sentenced punishment recommended in the sentencing guidelines] 1 year and 6 months to 2 years (the minimum of the sentenced punishment recommended in the sentencing guidelines is lower than the legal minimum of the sentenced punishment, so the applicable minimum of the sentenced punishment shall be set according to the law applicable sentences); and

3. Determination of sentence shall take into account the following circumstances, and the sentence shall be determined as ordered, taking into account the following factors, such as the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the commission of the crime.