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

Punishment of the crime

On February 6, 2017, the Defendant was boarding at the front road of the 290-dong image apartment complex located in the Changwon-si, Changwon-si, Masan-si, Masan-si, Masan-si, and at the victim C (57 years old) (57 years old).

After that, the defendant requested tobacco to the victim before the trading company of the second class trading "F" in the name of "F in the counter E of Changwon-si, Changwon-si," which is 21:28 on the same day, but the victim could not smoke in the car.

The reason for refusal is "this blick", and the left part of the victim's left part is flicked once on the left part, the victim's face is flicked once on the right part, and the victim's face is flicked twice on the right part with plastic water in the taxi.

As a result, the Defendant assaulted the victim who is a driver of a motor vehicle in operation and inflicted an injury on the victim, such as the infection of the number of days of treatment (on both sides).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (Attachment to a black shield screen) and accompanying documents, investigation report (Attachment to black stuffs and video materials CDs), and one CD;

1. Application of Acts and subordinate statutes (C);

1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. 사회봉사명령 형법 제 62조의 2 양형의 이유 < 양형기준 > [ 권고 형의 범위] 폭행범죄 > 제 4 유형( 운전자 폭행 치상) > 감경영역 (10 월 ~2 년) [ 특별 감경 인자] 처벌 불원( 피해 회복을 위한 진지한 노력 포함) 또는 상당 부분 피해 회복된 경우 < 선고형의 결정 > ◎ 불리한 정상 - 자동차를 운전 중인 운전자를 폭행하여 상해를 가함 ◎ 유리한 정상 - 진지한 반성 - 피해자의 처벌 불원 - 피해의 상당부분 회복 ◎ 그 밖에 피고 인의...