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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 sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On March 13, 2017, around 22:50 on March 13, 2017, the Defendant: (a) expressed a single-use World Cup in front of the Dong branch of the KB National Bank of Korea No. 102-ro 8, KB, and received a request from the victim C (59) to see that he was on the back seat of the taxi driving this 59; and (b) the Defendant was not able to appraise the instant World Cup from the victim; and (c) the Defendant expressed that the injured person “I will open, Chewing,” who was 60 or more years old; and (d) expressed that “I wish to ask the victim about the place of the instant World Cup at around the end of the modern department store located in the same Gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, but will continue to take a bath for the victim.
“In the course of hearing the victim’s face, the victim’s head was shakened by hand, and the victim’s face was boomed by drinking the victim, and the victim was injured by blood transfusions by preventing approximately two weeks of treatment.
Accordingly, the defendant injured the driver of a vehicle in operation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Voluntary accompanying reports, each investigation report, black stuffs video CDs, injury diagnosis reports, and the application of the statute;
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months to 15 years;
2. Scope of recommending punishment: The lower limit of the punishment for one year and six months recommended by imprisonment is lower than the lower limit of the punishment by law, accordingly, the lower limit of the punishment by law.
In the area of mitigation (10 to 2 years), (2) minor injury (2, 4 types) in the area of mitigation (10 months to 2 years) (a person with a special mitigation) of violence (2, 4 types).
3. The act by which the defendant in the sentence of sentence inflicts an injury on the victim in operation of a motor vehicle exceeds the danger to the victim;