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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 25, 2013, at around 01:30, the Defendant: (a) obstructed the F private taxi driven by E on the front of the 'D' in Pyeongtaek-si in Gyeonggi-do; (b) obstructed the said taxi from walking along the studs; (c) demanded that the said taxi turn off from the victim G (33 years old) who is the said taxi customer; (d) 3 times the victim’s face as his hand-on; (e) 14 times the victim’s head was taken one time with a brick, which is a dangerous object, and (e) inflicted injury on the victim, such as the opening of the right-hand side and the fall down of the fat in Daegu-gu, the left-hand side of the Haak-si in need of medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G;

1. E statements;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is a case where the defendant, without any particular reason, inflicted an injury on the victim who was a cab and was a dangerous object, without any justifiable reason, on the part of the victim, and the defendant needs to be punished strictly in light of the method and result of the crime, such as having been punished twice as a fine for the same previous department, etc.

However, the suspension of execution is to be imposed on the condition of probation and community service order through discretionary mitigation of statutory punishment, considering various factors of sentencing, including the fact that the defendant agreed smoothly with the victim, the fact that the defendant has committed a crime, who recognized the defendant's mistake, and the defendant has been detained for a considerable period of time and has an opportunity to reflect, such as his age, family relationship, etc.