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

Punishment of the crime

피고인은 2014. 5. 6. 23:31경 대전 서구 탄방동에 있는 은제호프에서 피해자 C(37세)이 운전하는 D 택시에 손님으로 승차하여 같은 구 E연립에 들러 위 은제호프로 돌아가던 중 23:40경 같은 구 탄방동에 있는 해동약국에 이르러 피해자가 피고인에게 “택시 문을 왜 세게 닫았냐“라고 말했다는 이유로 손으로 피해자의 목 부위를 잡고 꺽은 다음 우측 손목을 잡아 비틀었다.

As a result, the Defendant assaulted the driver of an automobile in operation, thereby resulting in injury to the victim, such as salt, tension, etc. in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the injury diagnosis certificate, CD on the criminal scene of the suspect, and photograph against the victim;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria [Scope of Recommendation] Class 4 (Bodily Injury resulting from Violence to Drivers) and the area of special mitigation (five to two years) (Special Mitigation) (Provided, That the lower limit of the range of sentencing recommended by the sentencing criteria is lower than the lower limit of the applicable sentencing standards in law, and therefore the lower limit of the applicable sentencing standards shall apply);

3. Determination of sentence: Imprisonment with prison labor for a year and six months, a stay of execution for two years, and an order to attend a lecture for 40 hours is a crime of assaulting the driver of a vehicle in operation and causing bodily harm, such as causing additional accidents, in addition to the possibility of criticism on the crime itself, the nature of the crime is more serious, and the defendant is punished by a fine for a crime of violence on three occasions.