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

피고인은 2018. 3. 4. 18:00 경부터 18:20 경 사이에 화성 시 봉담읍 수영리에 있는 과 천- 동 탄 간 고속도로에서 택시기사인 피해자 B(52 세) 이 운행하는 C 택시 뒷좌석에 탑승하여 이동하던 중, 술에 취하여 아무런 이유 없이 손으로 피해자의 머리채를 잡아 수회 흔들고, 주먹과 발로 피해자의 머리와 몸통을 수십 회 가량 때리고 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Each investigation report (the investigation report on taxi stuff images, the analysis of black stuffs images, etc.);

1. Application of the Acts and subordinate statutes to 12 copies of the black stuffs image files, and one CD for storage of black stuffs

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the case of assaulting a driver of a motor vehicle carrying on a expressway] / (4 months to one year) the area of aggravation (the special aggravation) / (1) the applicable sentences and the amount of comparison between the recommended sentences: April to 1 year [the case of sentence] : The case of assaulting a driver carrying on an expressway which is disadvantageous to the defendant : The case of violence and eight times. The ordinary crimes favorable to the defendant are recognized. The errors are recognized, and there are no criminal records for the same kind of suspended sentence. Comprehensive matters concerning the sentencing conditions under Article 51 of the Criminal Act are comprehensive.