A defendant shall be punished by imprisonment for four 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

피고인은 2017. 6. 3. 03:30 경 부산 부산진구 당감동에 있는 부 암 삼성 래미 안아파트 앞에서 피해자 B(54 세) 이 운전하는 C 택시의 조수석에 승차하여 부산 사상구 감전동 쪽으로 가 던 중 같은 날 03:49 경 부산 사상구 사상로 93-1에 있는 부산 지하철 감전 역 2번 출구 부근에 이르러 신호 대기를 하며 정차하고 있던 피해자에게 아무런 이유도 없이 “ 야! 이 씨 발 놈!” 이라고 욕설을 하면서 오른손으로 피해자의 얼굴 부위를 1회 때렸다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Act and subordinate statutes to a report on investigation (related to the attachment of taxi boom photographs at the time of committing the crime);

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 under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] in the basic area (two months to ten months), the punishment of a person who is not subject to special mitigation (including a serious effort to recover damage), or where considerable damage has been restored / Where the driver of a motor vehicle in operation commits assaults the driver of a motor vehicle in operation (a type);

2. The crime of this case, which is determined to be sentenced, is not an act of assaulting the driver of a vehicle in operation, but an act of assaulting the driver's body, and thus, is likely to cause damage to the life and body of the general public, such as the driver, passengers, and pedestrians of other vehicles, so the nature of the crime is hot.

The Defendant had been punished for violent crimes even before committing the instant crime.

However, the defendant shows the attitude of recognizing and reflecting the criminal conduct of this case.

The degree of violence is not relatively more severe, and the injured person does not want the punishment of the defendant by agreement with the injured person.

. Other defendant.