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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 16, 2019, at around 20:46, the Defendant boarded a cab operated by the victim B (the age of 62) in the vicinity of Dobong-gu Seoul Metropolitan Government, and stopped in the D market as a side of the D market. As the taxi was stopped in front of the Dobong-gu Office located in Dobong-gu Seoul, Dobong-gu, Seoul, after receiving a stop signal, the Defendant considered “dledd by another way”, and her fladding from the front seat of the victim, who was seated in the driver’s seat and was in operation, and her face was fladdd by flading the fladles of the victim.
As a result, the Defendant assaulted the driver of an automobile in operation and caused the injury to the climatic base, tensions, etc. for about two weeks in need of treatment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A written diagnosis of injury;
1. Application of the Acts and subordinate statutes on black boxes and video CDs;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the option of punishment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;
1. Scope of punishment by law: Imprisonment with prison labor for a year and six months to fifteen years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be [the type 4] the driver's bodily injury [the special person concerned] mitigated elements of mitigation: In the case of minor injury, non-conformity with punishment (including serious efforts to recover damage), or considerable partial damage (the scope of the recommended punishment and the scope of the recommended punishment] special mitigation range, five months to two years [the scope of the recommended punishment revised according to the applicable sentencing guidelines] sentenced by imprisonment for a year and six months to two years, is inconsistent with the lower limit of the applicable sentencing range in law, and thus, the lower limit of the sentencing range recommended by the sentencing guidelines for one year and six months to two years is inconsistent with the lower limit of the applicable sentencing range in law.
3. Determination of sentence: Imprisonment with prison labor for a year and six months, and the crime of this case for a year of suspended execution for two years is committed by the defendant by assaulting a victim who was operating a taxi and causing injury, and the nature of the crime is not good;
(b).