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 February 15, 2014, the Defendant: (a) around 15:15, and around 15, 2014, the Defendant d (the age of 42) who is a bus driver, talked with a large amount of sound in C, a bus in the cross-city bus in the vicinity of the Seoul Sparean-dong Seoul Spare (Seoul C, a bus driver), and suffered approximately two weeks of treatment from the victim when the Defendant d (the age of 42) was frighted to the head and side of the victim.

Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Evidentiary photographs, investigative reports (related to the verification of CCTV images installed in a vehicle), CCTV images in buses;

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

1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (i.e., circumstances favorable to the reasons for sentencing as follows);

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

2. Scope of the recommended punishment according to the sentencing guidelines (determined of types) of assault and injury by a driver (type 4) [the scope of minor injury] mitigation factors (the scope of recommending punishment] mitigation area (the range of imprisonment between October and two years), mitigation area (the scope of corrected recommended punishment] from one year and six months to two years (the minimum limit of punishment in law).

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

4. The crime of this case is a case where the defendant inflicts an injury on the driver of a vehicle in operation using a stick, and considering the fact that the crime of this case constitutes a very dangerous act that causes a traffic accident beyond infringement on the victim’s individual rights and is likely to cause damage to many and unspecified persons, it is necessary to strictly punish the defendant.