A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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 July 19, 2013, the Defendant: (a) considered that the victim was living in front of the F convenience point located in Gwangjubuk-gu E, a part of the victim while driving a D cab (the age of 55) around 23:5 on July 19, 2013, the Defendant suffered full damage to the part of the victim's face with the 31-day care for the victim, she was skeing down the breath of the breath of the franchis that require treatment for about 31 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and C;

1. Damage photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The defense counsel asserts to the effect that the defendant was in a state of mental disability at the time of committing the instant crime.

According to the evidence adopted and examined by the court below, although the defendant was found to have drinking at the time of the crime of this case, considering the circumstances before and after the crime of this case, the motive and circumstances leading to the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be seen that the defendant lacks the ability to discern things at the time of this case and make decisions. Thus, the above assertion is rejected.

Reasons for sentencing

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type), violent crimes, assault crimes, Type 4 (Bodily Harm resulting from Violence against Drivers) (Special Assault or Injury by Drivers): Reduction area: Reduction area of punishment not [Scope of recommending punishment], reduction area of punishment, imprisonment with prison labor for ten months or more to two years;

2. The act of assaulting the driver of a vehicle operating together with the instant crime of this case by the sentence of sentence is against the relevant violence itself;