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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 16, 2016, at around 02:30, the Defendant: (a) boarded 136 ELS apartment 139, which was located in the Songpa-gu Seoul Olympic Games, on the front side of the 136-dong 136-dong 136-dong ELS apartment 1, and (b) took the victim’s face by hand without any justifiable reason, and (c) taken the victim’s face by drinking.

As a result, the Defendant assaulted the driver of a vehicle in operation, resulting in the 21-day medical treatment of the driver of the vehicle in operation, leading to the use of the equipment, the safety, and the tissues.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C (victim);

1. Vehicle blackbox CDs, CCTV video CDs;

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. 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Reduction elements of the recommended punishment on the sentencing criteria [the scope of the recommended punishment [the type of determination] and the scope of the recommended punishment [the person causing violence to a driver] class 4 (the person causing violence): Reduction elements of punishment [the scope of the recommended punishment] mitigated area] [ the scope of the recommended punishment] from October to two years [the scope of the corrected recommended punishment] imprisonment for one year and six months (compliance with the lower limit of the statutory applicable punishment)] to two years.

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the Defendant assaulted a taxi driver who is in operation under the influence of alcohol and inflicted injury upon him/her without any particular reason. In that violent crimes against a driver, such as the instant crime, are likely to cause serious accidents, and large-scale human life damage, punishment corresponding to his/her responsibility is required.

However, the defendant recognizes all of the crimes and separates his/her mistake, and the defendant agrees with the victim only smoothly, so that the victim is the defendant.