A defendant shall be punished by imprisonment with prison labor for four 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 April 19, 2015, the Defendant assaulted the driver of a motor vehicle in operation, such as taking the victim’s face, taking two times in drinking, and attempting to take the victim’s head by hand, at the entrance of the Nam-gu, Ulsan-gu, Ulsan-gu, 237 new market, which is operated by the victim C (the age of 72) at the entrance of the new market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to an investigation report, an investigation report (a statement confirmation as to the party of the victim and a report on the intent to punish him/her);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Punishment of Specific Crimes.

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the grounds of [the scope of recommendation] the sentencing of Article 62-2 of the Order to Provide community service and attend lectures [the scope of recommendation] in the case of assaulting the driver of a vehicle in operation [the person under special jurisdiction] in the area of aggravation (4 to 1 year] (the decision of sentence], the crime of this case committed by assaulting the driver of a taxi in operation [the decision of sentence] is serious nature of the crime, and the fact that there is a record of the same kind of crime, such as several times of violence, is disadvantageous to the defendant

However, in consideration of the circumstances favorable to the defendant, such as the confession and reflectness of the defendant, the agreement with the victim, the degree of violence and the result of damage, etc., and other various sentencing factors indicated in the records, such as the age, character and conduct, environment and circumstances after the crime, the punishment shall be determined as ordered.