A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On May 22, 2019, at around 22:55, the Defendant was boarding a taxi operated by the injured party B (ma, 61 years of age) in front of the Southern-gu Seoul Metropolitan Government 40 Nam-gu, Seoul, and was going to the Seongdong-gu C market at the destination.

On May 22, 2019, at around 23:02, the Defendant, without any justifiable reason, walked twice along the left shoulder part of the victim who was driven in Seongdong-gu Seoul Metropolitan Government, and continued to move two times with the left hand of the victim.

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. Application of Acts and subordinate statutes to a report on investigation (the confirmation of a victim's screen image);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the relevant criminal facts and Article 5-10 (1) of the same Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Aggravation factors according to the sentencing guidelines: Reduction factors where the driver of a motor vehicle in operation has abused him/her: Imprisonment for two months to ten months;

2. Determination of sentence [Incompetence] The defendant assaulted a taxi engineer without any reason while getting on and off a taxi, and re-offending despite the record of criminal punishment for violent crimes, including the crime of the same kind as this case [Lied circumstances], which is contrary to the fact that the defendant recognized all of the crimes of this case and agreed to pay 50,000 won to the victim, and there was no record of criminal punishment exceeding the fine during that period, and all other records and arguments of this case, such as the defendant's age, character and behavior, motive and circumstance of the crime, means and result of the crime, circumstances after the crime, etc.