A defendant shall be punished by imprisonment for 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

On November 26, 2013, around 10:51, the Defendant was on board a D taxi driven by the victim C(the age of 61) in the vicinity of the Hosong-gun, Yan-gun, Busan, the Yannam-gun, and was on the Yannam-gun, the Defendant was on one occasion at around 11:04, the part of the victim's Yannam-gun, who was on the Yannam-gun, located in the area where the victim C(the age of 61) was located, and was on one occasion at around the same day.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 62-2 of the Criminal Code of the Probation Order: since the defendant alleged that he was in a state of mental disorder under the influence of alcohol at the time of the crime in this case, according to the records, it is acknowledged that the defendant was in a state of mental disorder. However, in light of the background, means and method of the crime in this case, which can be known by the evidence duly adopted and investigated by the court, and the defendant's speech and behavior before and after the crime in this case, it is not recognized that the defendant had a state of lacking the ability to discern things or make decisions due to drinking.

Reasons for sentencing

1. Extent of the recommended sentence according to the sentencing guidelines (decision of type), group of violent crimes, general assault, driver's assault (special-speed person): Imprisonment with prison labor for not more than one month nor more than eight months from the day when he/she is sentenced to punishment (the range of recommending punishment);

2. Sentence;