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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 2020. 10. 17. 23:00 경 성남시 분당구 B 앞에서 피해자 C(56 세) 가 운전하는 D 개인 택시에 탑승하여 목적지인 부천역으로 가 던 중 같은 날 23:53 경 위 차량이 수도권제 1 순환고 속도로 일산방향 113km 지점에 이를 무렵 편도 4 차로 중 2 차로에서 진행 중이 던 위 차 안에서 갑자기 양손으로 피해자의 목을 조르면서 입으로 머리를 깨물고, 계속해서 조수석으로 넘어가 손가락으로 피해자의 오른쪽 눈을 찌르고, 주먹으로 얼굴을 수회 때린 다음, 발로 허벅지를 3회 찼다.

As a result, the Defendant assaulted the victim who is the driver of a vehicle in operation, and inflicted injury on the victim, such as cerebral celebin which there is no head open room for treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A medical certificate for injury of an E member, a medical certificate for injury of a F hospital, a medical certificate for injury of a F hospital, a G dental certificate, and a medical opinion regarding C;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of taxi booms video data);

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 (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following sentencing has been repeated for a favorable reason)

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 [type 4] violent crime [the scope of the recommended punishment [the scope of the recommended punishment and the scope of the recommended punishment] refers to the lower limit and the lower limit of the legally applicable sentencing range] from 6 months to 2 years (the sentencing guidelines recommended by the sentencing guidelines] in the event that the driver's bodily injury (including a serious effort to recover damage) or considerable damage was restored [the scope of the recommended punishment and the scope of the recommended punishment] in the mitigated area, the imprisonment from 10 months to 2 years [the scope of the recommended punishment corrected by the applicable sentencing guidelines].