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

However, 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 October 17, 2019, the Defendant: (a) 16:50 on October 16, 2019, on the bus bus operated by the victim B (70 years of age) and stopped the bus at the bus stops in the front of the Sports Center located in Seocheon-si D for passengers’ getting off the bus; and (b) on the ground that the victim said that he would get off the bus with the passenger’s fee, the Defendant left two times at the victim’s face, and placed on the left side of the bus in need of approximately two weeks of treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Gabbbbox image flafing photographs;

1. Application of Acts and subordinate statutes governing injury diagnosis and medical records;

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 (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( repeatedly considering the following favorable circumstances):

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be [the type 4] the driver's bodily injury (the person who is a special person] mitigated element of mitigation: In the case of minor injury (the type 4), minor injury (including a serious effort to recover damage) or considerable damage (the scope of the recommended area and the recommended punishment] special mitigation area, five months to two years [the scope of the recommended punishment corrected according to the applicable sentencing] sentenced to imprisonment, one year and six months to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing range shall be set according to the statutory minimum limit of the applicable sentencing range).

3. 선고형의 결정: 징역 1년 6월, 집행유예 2년, 수강명령 40시간 ◎ 불리한 정상 - 이 사건 범행은 피고인이 운전 중인 버스기사를 폭행하여 상해에 이르게 한 것으로 자칫 대형 교통사고로...