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A defendant shall be punished by imprisonment for not less than eight 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.
Reasons
Punishment of the crime
On June 26, 2020, the Defendant thought that the Defendant would drive alcohol on the road in front of the convenience store in Ulsandong-gu, Ulsan-gu, Seoul, and tried to remove the victim E ( South, 57 years old) placed on the Defendant’s D D D D D D D D D D D D D D D D D D D D D D D D D D Dr trop, which is a dangerous object, with the aim of removing the victim E., the above vehicle was driven by the victim two to three repeatedly in every five meters direction in the above vehicle launching in the state of the dangerous object, and the victim’s bridge was driven by about 10 meters after driving the above vehicle, and led the victim’s bridge to the ground or pushed it into the ground. Nevertheless, the victim’s chest, which is not removed from the above vehicle, was pushed down with the left part of the vehicle.
As a result, the Defendant carried dangerous things and inflicted injury on the victim such as salt, tension, etc. in need of treatment for about 15 days.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to E, F, and G;
1. A written diagnosis of injury;
1. Each photograph;
1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant
1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Six to five years of imprisonment;
2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person who is subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment, April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum limit of the applicable sentencing range under law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for a period of eight months and the suspension of execution for a period of two years;