Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

Although the Defendant stated in the facts charged at around 22:50 on April 25, 2019 as “22:30,” the evidence examined by this court, in particular, considering each video right-hand side of the evidence records 25-27, it is difficult to view that the Defendant was on board the bus at around 22:36, and the instant assault was obvious that there was around 22:52, and that it was recognized as the same without any amendment to the indictment, thereby hindering the Defendant’s defense.

In the vicinity of the Dong-dong Civil Athletic (hereinafter referred to as the “instant bus”), the victim C (the victim South and the age of 71) who was a bus engineer was on board the bus No. B (hereinafter referred to as the “instant bus”) at the location other than the bus stop, but the victim was not on board the bus of this case but on board the bus of this case. However, the victim was assaulted by the victim, such as the victim’s buckbuck part and head part of the bus of this case, which was driving the bus of this case, by spreading down the victim’s buckbuck part and head part of the bus of this case, and caused the victim’s injury such as the 21-day treatment of the victim.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation (investigation of CCTV images, etc.) and to capture CCTVs attached thereto;

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

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

2. The scope of recommendations according to the sentencing guidelines [the determination of types] violent crimes [the category 4] the driver's injury or injury (the special person concerned] mitigation elements: The recommended field where punishment is not imposed (including serious efforts to recover damage) or considerable damage is recovered.