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 February 2, 2016, at around 23:55, the Defendant: (a) 5-si driving of the victim C(59) who operates the road in front of the cemetery located in Jongno-gu Seoul Metropolitan City, Jongno-gu, 344 on February 2, 2016, caused the victim requesting the payment of taxi charges to set one 100 foot fris, and attached the Defendant to the victim so as not to lower the taxi; and (b) caused the victim’s face, one time as a drinking, from among the face of the victim moving the taxi.

As a result, the Defendant abused the victim and suffered injury to the victim, such as the impairment of crypology, which requires treatment for about 14 days.

Summary of Evidence

1. The legal statement of the witness C;

1. A written diagnosis of injury (victim) (The defendant denies the crime of this case, but has credibility in the victim's statement on the background, contents, etc. of the crime of this case. Thus, the crime of this case can be acknowledged as stated in the judgment)

Application of Statutes

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes of violence committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) causing the driver's injury (type 4) by violence, the area to which the driver's injury is mitigated (a minor injury: From October to two years;

(b) One and half years from the date of imprisonment with prison labor for the scope of the revised recommended punishment (applicable to the lower limit of the punishment by law).

3. The crime of this case in which the sentence of sentence was determined is likely to be criticized because the act of this case was committed by assaulting a driver of a taxi in operation, and such act is highly likely to seriously infringe on a third party’s life and body property due to causing a traffic accident.

Nevertheless, the Defendant committed the instant crime.