상해
A defendant shall be punished by imprisonment for 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 May 25, 2018, around 00:50 on May 25, 2018, the Defendant did not pay the lower fare from the victim D (62) taxi in front of the entrance of Gangnam-gu Seoul Metropolitan Government C commercial building, and the damaged person who escaped, requested the Defendant to set up a taxi fee, and requested the victim to change the taxi fee.
“Along with the fact that the victim’s chest was knee of the victim’s chest, the victim’s left knee was knee once, the victim’s knee was 2-3 times with knick, and the victim’s breath continued to be blicked, and the victim’s face and body flick was flicked, and the victim was flicked for treatment for about 14 days due to drinking.
Summary of Evidence
1. The defendant's legal statement (as at the date of the second public trial, in the case);
1. Statement made by the police with regard to D (electronic summary);
1. Cinematographic data CDs on the face of the assault;
1. A photograph of parts of the victim's body;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and
2. Scope of the recommended punishment according to the sentencing guidelines: Minor injury (1 and 4) in the mitigated area (2 months to October) in the first category (general injury) of imprisonment between February and October (the scope of the recommended punishment).
3. Determination of sentence: Imprisonment with prison labor for 6 months, and 2 years of suspended sentence, the Defendant got a shot in the Do in which the victim was getting on and getting on a taxi, and inflicted an injury upon the victim under this paragraph by assaulting him.
In light of the method and frequency of assault committed by the defendant, the nature of the crime is bad, the damage is not recovered because it is not agreed with the victim, and it is disadvantageous that the defendant has been punished several times for the past violence crime.
However, the defendant's mistake is divided.