A defendant shall be punished by imprisonment for not less than eight 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 January 14, 2016, the Defendant, around 03:27, 78 of Mapo-gu Seoul Metropolitan City, and from the Ssung High School Ssung High School, returned to D si operated by the Victim C (48 aged) on a S si and returned home on the ground that there is no woman in the si, and the victim's inside of the 50km speed of the si was set one time as his hand, and five times the knife of the knife with the back water.

Accordingly, the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes for report on internal affairs (verification of black images);

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes that choose

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. Determination on the assertion by the Defendant and the defense counsel under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders

1. The summary of the assertion is the time when the defendant stops when he/she is dead at the time of the victim’s cream, which does not constitute “in the course of vehicle operation.”

2. Determination

(a) A person who assaults or threatens a driver of a motor vehicle while driving the motor vehicle (including a case where the driver temporarily stops the motor vehicle for passengers getting on or getting off the motor vehicle while driving the motor vehicle) pursuant to Article 5-10 (1) of the current Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13351, Jun. 22, 2015) shall be punished by imprisonment for not more than five years or by a fine not exceeding 20 million won.

As stipulated in the phrase, it is apparent that the concept of “in the course of driving” of a motor vehicle includes cases of temporary stopping for passengers to board or alight from the motor vehicle, and its legislative purpose is against the driver of the motor vehicle operating the motor vehicle.