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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 26, 2013, at around 23:38, the Defendant was boarding a private taxi driven by the victim C (the age of 49) in front of the Dong-dong Office of Busan, Dong-gu.

At around 23:40 on the same day, the Defendant was in front of the victim due to a flag’s flab, which was in front of the Busan-gu Do road, on the ground that the flab was not in the way desired by the Defendant, and was in front of the victim’s head on several occasions.

Accordingly, the Defendant assaulted the driver of a motor vehicle in operation as above and sustained injury to the victim, such as the loss of a fright in bad faith, which requires four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances required for the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeatedly made for the reasons for sentencing);

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

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Scope of recommendations according to the sentencing guidelines (decision of types of punishment), violent crimes, Type 4 (Bodily Injury resulting from Violence by Drivers) of Violence Crimes (Special Convicts) mitigated elements of punishment (Scope of recommending punishment) [Scope of mitigated areas of mitigated punishment];

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

4. Criteria for the suspension of execution: Imposition of a sentence of suspension of execution (the reason for the main reference) positive (the reason for general reference) negative (the reason for general reference) (where the driver of a motor vehicle in operation is a victim) (the driver of a motor vehicle is a victim).

5. The fact that the criminal defendant uses violence against the driver of an automobile in operation for a period of four weeks or less, causing the serious nature of the crime, and is in operation.