A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

피고인은 2017. 11. 11. 21:20 경 울산 남구 D에 있는 E 커피 점 앞 도로에서, 피해자 F(55 세) 이 운행하는 G 택시를 타고 가다가 아무런 이유 없이 갑자기 피해자에게 욕설을 하면서 조수석과 운전석 사이로 발을 내밀어 피해자의 등을 1회 걷어찼다.

Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Voluntary accompanying reports and application of Acts and subordinate statutes for investigation reporting;

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 suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act for the order to observe and observe the protection [the type of punishment] [the reasons for sentencing in Article 62-2 of the Criminal Act / [the person subject to special sentencing] – In the event that a driver of an automobile in operation commits assaults the driver of an automobile in operation of increased factors, [the scope of recommendation] basic area / [the scope of recommendation] February to October / [the scope of suspended sentence] / The main reasons for suspended sentence - The positive reasons for suspended sentence - Where the driver of an automobile in operation of a motor vehicle in motion is the victim [the decision of the sentence] along with the above factors for sentencing, the details and degree of damage, the agreement under Article 6, the criminal history of the defendant, and other factors