1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

피고인은 2013. 4. 25. 19:10경 피해자 C(52세)이 운행 중인 D 택시 조수석에 승차하여 이동하다가 택시비를 지급하지 않겠다며 시비하던 중 전주시 덕진구 E에 있는 F세차장 앞에 이르러 피해자에게 "너 이 새끼 몇 살 처먹었냐"고 말하면서 위 택시를 운전하는 피해자의 오른쪽 안면 부위를 주먹을 쥔 손등으로 5~6회 때리고 위 택시의 핸들을 낚아채 피해자에게 약 2주간의 치료를 요하는 뇌진탕 및 안면부타박상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-10 (2) 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The range of recommendation according to the sentencing guidelines [decision of types] the category of violent crime group, the driver's bodily injury (type 4) (the scope of recommendation] [the scope of mitigation and punishment] 10 months to 2 years (the scope of recommendation changed] 1 year and 6 months to 2 years (where the scope of punishment recommended by the sentencing guidelines is inconsistent with the range of punishment by statutory aggravated or mitigated, the scope of punishment recommended by the sentencing guidelines shall be in accordance with the upper limit or lower limit of the statutory applicable sentences. Thus, the lower limit of the sentencing range shall be set at 1 year and 6 months, which is the lower limit of the applicable sentences under the law).

3. Determination of sentence: One year and six months of imprisonment, and two years of suspended sentence are not less than the nature of the crime in light of the details, contents, and result, etc. of the crime in this case, but not less than the degree of injury in this case, the defendant agreed with the victim, and the defendant has no record of being punished for a crime of violence.