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 July 29, 2020, at around 22:24, the Defendant was under the influence of alcohol in the vicinity of the Manduk-dong, Busan, the Defendant was on board the back of the victim B (the 61-year-old) C-si in Busan, and was under the influence of alcohol in the vicinity of the Manduk-dong, Busan, and was on three occasions at the right face of the victim due to a drinking of the victim who was under the jurisdiction of the mother-dong, Busan, on five occasions, while he was under the jurisdiction of the mother-dong, the Defendant was on three occasions at the right face of the victim.

The Defendant, who was unable to check the above assault, went out of the taxi in order to leave the taxi in which the victim was in operation, and the victim took the clothes of the defendant and took down the defendant, and took the victim's left head one time due to drinking.

As a result, the Defendant assaulted the victim, who is a taxi driver in operation, and inflicted on the victim, such as the damage of the sprinke's sprinke in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the police protocol of statement B, investigation report (investigative Certificate and Opinion attached thereto), and the injury diagnosis report and opinion attached thereto;

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

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of each order to provide community service and attend lectures;

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

2. Reduction elements according to the sentencing guidelines shall be limited to the range of recommended sentences [decision of types] according to the sentencing guidelines, and the minimum range of recommended sentences for six months to two years is inconsistent with the statutory applicable sentencing guidelines, since the mitigated range of recommended sentences for the sentencing guidelines is inconsistent with the minimum range of applicable sentences under law.