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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 three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Around 21:00 on November 20, 2012, the Defendant: (a) on the street before the “D convenience store in Seocheon-si, Seocheon-si, Seocheon-si; (b) the victim E-ray car parked there was a fact that the victim E-ray car parked at that place is unable to move the Defendant’s day-to-day driver car; and (c) on the road of the camping-gu, which is a dangerous object, the Defendant 4,000 won of the repair cost was damaged.
2. In violation of the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.), the Defendant refused to receive KRW 50,000 won in cash given by the said victim and demanded insurance processing, with both hand, brought the victim's head from the driver's seat by putting him/her into the driver's seat, making the victim's head tightly with his/her head one time, and making the gate room, which is a dangerous object off the victim's head with his/her head with his/her head, at the same time and place as in the preceding paragraph. The above camping net refers to "brut", and the victim tights the victim with his/her hand in the state of his/her loss, and she tights the victim's shoulder with the camping net three to four times.
As a result, the Defendant carried dangerous things with the victim and inflicted bodily injury on the victim, which requires treatment for about three weeks.
Summary of Evidence
1. Defendant's legal statement;
1. E prosecutorial statement;
1. A written diagnosis of injury, vehicle estimate;
1. Application of statutes on site photographs;
1. Article 369 (1) and Article 366 of the Criminal Act that applies to the relevant criminal facts, the choice of punishment, and Articles 369 (1) and 366 of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the motive, means, and result of the instant crime, the Defendant’s age, criminal behavior environment, and the fact that the Defendant led to confession and reflect in depth on the instant crime, and that consent is made with the victim.