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A defendant shall be punished by imprisonment for 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 May 9, 2014, the Defendant: (a) around 23:00 on the street in front of the D cafeteria located in Busan Jung-gu, Busan, and (b) on the ground that the Defendant was trying to board the F cab of the victim E (age 66) driving, but the victim was flicked, and damaged by drinking the b flick, which was attached to the driver’s seat of the said cab in the signal atmosphere.
The defendant continued to spit the victim's face on a food basis, take head spits, and spits spits it.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statement to E;
1. Relevant Article 366 of the Criminal Act, Article 260 (1) of the Criminal Act and Article 260 (1) of the Criminal Act, the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant again committed the instant crime without being aware of the fact that he/she had been sentenced to suspended sentence 15 times or more as a violent crime, or having been sentenced to a fine, and that the Defendant committed the instant crime without any particular reason. The Defendant committed the instant crime without any specific reason, and the circumstances after the commission of the crime, such as denying a part of the crime in the investigative agency, failing to recover damage, and failing to attend the trial, are disadvantageous.
However, the degree of damage is not severe, the fact that the defendant makes a confession at the latest, considering favorable circumstances, and the sentencing conditions shown in the records, such as the defendant's age, character and behavior, and environment, shall be determined as the sentence like the order, in consideration of the sentencing conditions shown in the records.