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

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

Punishment of the crime

On February 18, 2013, the Defendant: (a) was driving by the victim C(70 years of age) on February 14:0, 2013, at the top of D private taxi, the Defendant laid the front right window on the ground that the said taxi is not a bus exclusive route even though the said taxi is pushed ahead of the interesting life in front of the country in which the Seoul Jongno-gu newspaper 1 is located in 226, and the 1st head of the steering window is not a bus exclusive route; (b) the victim restrains it; (c) the victim gets off by hand on his left hand; (d) the victim’s face is hicked one time with the victim’s right-hand hand; and (e) the victim hicked kick with the left hand three times at the right-hand buck of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Investigation report (victim C Calling report);

1. Application of the Acts and subordinate statutes on telephone recording CDs;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Election of Penalties;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the decision of types] for the suspension of execution of sentence under Article 62(1) of the Criminal Act: Violence [Special Assault] - In the event of general assault [including a serious effort to recover damage] - In the event that a driver of a motor vehicle in operation of an aggravated element is injured (one category] or considerable damage, the decision of the recommended area] basic area [the decision of the recommended area] [the range of recommendations] 2 to 10 months [the general person] - In the case of a reflection of the serious element of mitigation [the range of punishment] applicable provisions: One to five months [the range of punishment] - The main reason for the suspension of execution of sentence - One to five years (including a serious effort to recover damage] - In the case of a driver of a motor vehicle in operation of a suspended sentence of imprisonment of more than two times: In the case of a victim of a motor vehicle under suspension of execution of sentence of more than twice, the defendant who has committed a positive crime again despite his sentence of old age [the majority of punishment].