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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 20, 2016, at around 01:58, the Defendant: (a) boarded the claim station of the Seoul subway Line 5 located in Newdong, and (b) moved to the front way of the residence of the Defendant located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) after boarding a C-cab operated by the victim B (the age of 60) and moving to the front way of the residence of the Defendant located in the Seoul Special Metropolitan City. (c) The Defendant used a bath without paying the taxi fee to the victim who would change the taxi fee, and assault the victim on his back head at once.
Summary of Evidence
1. Partial statement of the defendant;
1. The police statement concerning B;
1. Application of B’s written laws and regulations;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the crime is an eficial crime and the degree of violence is relatively minor);