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 3, 2015, at around 19:15, the Defendant: (a) taken a cab driven by the Victim C (59) in Songpa-gu Seoul Metropolitan City on the same day; (b) was in the vicinity E located in Songpa-gu Seoul Metropolitan City, the purpose of which is around 19:20 on the same day; and (c) was asked by the victim for the location near the Gu’s body lower, on the ground that the victim was asked at the location near the Songpa-gu, Songpa-gu, Seoul; and (d) on the other hand, the Defendant continued to inflict two times the victim’s face by hand in order to put up the cab on the roadside.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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. Application of the sentencing criteria [the scope of the recommended punishment] from 1 year and 6 months to 2 years (the lowest limit of the sentencing criteria is lower than the applicable sentencing criteria, so that the sentencing criteria set forth in the sentencing criteria is lower than the applicable sentencing criteria, it shall be corrected by 1 year and 6 months) in the area of special mitigation (five months to 2 years) (the person subject to special mitigation) (the person subject to special mitigation)

2. In this case, the defendant suffered bodily injury by assaulting the driver of a taxi in operation. Such act is highly likely to cause serious damage by causing a traffic accident, and the statutory minimum of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) is three years of imprisonment, and the defendant committed a criminal offense of bodily injury and a criminal offense of suspended execution on one occasion, and committed the crime of this case even though he/she had been sentenced to a 11-time fine, he/she committed the crime of this case.