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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 4, 2016, around 23:51, the Defendant: (a) boarded the back of the taxi in the Songpa-gu Seoul Special Metropolitan City (64), and suffered injury, such as damage to the character of a victim, which requires approximately three weeks of medical treatment on the back of the taxi of the victim C (64) in front of the “food”, and was in front of the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, by taking advantage of the head and arms of the victim who was under influence of alcohol on the front of the road of Gwanak-gu, Seoul Special Metropolitan City, and was driving with the Defendant’s handphone.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the person who is in charge of special sentencing] class 4 (the scope of the recommended and recommended punishment] the exclusion area], the mitigated area of the punishment, the imprisonment for 10 months to 2 years (the scope of the corrected recommended punishment], one year and six months (compliance with the lowest limit of the punishment by law) or two years.

3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence, acts of violence against the driver of a motor vehicle in operation as in this case, not only an illegal infringement on the driver's body, but also an act threatening the safety of pedestrians, other motor vehicles, etc., and may lead to an accident of large-scale human life damage, which is highly likely to cause danger and criticism.

However, the Defendant, while under the influence of alcohol, has reached an contingent crime of this case, has no previous convictions, has recognized all of his own crimes, and has divided his depth and has agreed with the victim.