A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

At around 02:10 on June 8, 2013, the Defendant: (a) boarded in the head of D-si that was driven by the Victim C (Age 59) and was scheduled to be a destination; (b) brought about in front of Bupyeong-dong 665-354, Bupyeong-gu, Incheon, Bupyeong-gu, which, without any particular reason, considered the victim's face as bad; and (c) brought about the victim's face at hand by drinking and walking in several times; (d) brought about the victim's face at approximately 4 weeks, resulting in an injury, such as cutting down the 1 balance of the left 4 weeks left, adjacent to the left side, which requires approximately 4 weeks medical 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. Statement to C by the police;

1. Each report on investigation;

1. Determination as to the assertion of the Defendant and his defense counsel in the injury diagnosis certificate, boom image CDs

1. The alleged defendant did not deem that the victim was in the state of taxi operation at the time when the defendant assaulted the victim, since he/she paid a taxi fee after stopping the taxi and assaulted the victim in the process of receiving a scam.

2. The legal interest protected by the Act on the Aggravated Punishment, etc. of Specific Crimes is to seriously punish drivers of automobiles who commit assault or assault against them under operation by force, etc. to seriously threaten the safety of drivers, passengers, pedestrians, etc., thereby establishing traffic order and ensuring the safety of citizens. As such, if it is not anticipated that any violation of the legal interest protected by the above Act, such as assault against drivers who parked on a vehicle without any intention of continuous operation, is not likely to undermine public safety and order, the establishment of the above crime cannot be acknowledged as alleged by the defendant.

(see, e.g., Supreme Court Decision 2008Do4375, Dec. 11, 2008). However, according to each evidence of the judgment, the Defendant’s assault against the victim stops at the taxi.