A defendant shall be punished by imprisonment for not less than eight months.

except that 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

피고인은 2014. 7. 5. 23:15경 서울 성동구 강변북로 257에 있는 서울숲 구름다리 밑 도로를 진행하고 있는 피해자 C(50세) 운전의 D 택시 안에서 피해자에게 차를 세우라고 하였으나 피해자가 차를 세우지 않았다는 이유로 운전 중인 피해자의 얼굴을 주먹으로 1회 때리고, 이를 피하여 피해자가 택시를 정차시키고 차에서 내리자 주먹으로 피해자의 얼굴을 수회 때리고 발로 피해자의 얼굴과 몸을 수회 걷어찼다.

As a result, the Defendant assaulted the victim who is a driver of a vehicle in operation, and then got about six weeks of medical treatment to the victim who completed the operation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the same Act concerning criminal facts as well as Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 (Crime of Inflicting) (Crime of Inflicting) general injury (Scope of Recommendation) is not subject to punishment for mitigated area (two months to one year) (Special Mitigation).

(b) Where he/she commits the second crime [the scope of recommending a driver, etc.] [the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] (the scope of recommending a driver, etc.] and assaults the basic sphere (two months to ten months), (special mitigation and mitigation], and a driver of a motor vehicle in operation;

(c) Handling multiple crimes: From February to May; and

2. In this case, the act of assaulting the victim, who is a taxi driver, in operation, resulting in the victim again from the driver's seat after the defendant assaulted the victim, and the act of assaulting the driver in operation of the vehicle is large traffic accident.