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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 6, 2020, the Defendant, at the backside of the taxi operated by the victim D (65 tax) who is running the front road in the Gu-Si of Ansan-si around 20:51, on the ground that the victim returned to the direction known to the Defendant, and that the victim walked from the driver's seat with the right pipe play of the victim who is operating the said taxi, thereby causing damage to the victim about 14 days of hair in need of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Although the preparing person’s list of evidence in D’s written statement is written as E, it is obvious that it is a clerical error in D’s written statement.
1. Each investigation report (the confirmation of the degree of injury to a victim, etc.);
1. A medical certificate;
1. Application of the Acts and subordinate statutes to photographs of taxi and victims, photographs of damaged parts, photographs of victims, and photographic images by capturing booms images;
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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. Scope of the recommended punishment according to the sentencing guidelines [type 4] violent crimes: - In the case of assaulting crimes committed by a driver [type 4] bodily injury [person subject to special sentencing] - In the case of minor injury (type 2 and 4), penalty not (including serious efforts to recover damage), or considerable damage (the scope of the recommended and recommended punishment] special mitigation area, May through 2 years [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] imprisonment from 1 year and 6 months to 2 years (the minimum limit of the sentencing range recommended in the sentencing guidelines is in case where the minimum of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, so the applicable sentencing range shall be set at the statutory applicable sentencing range).
3. Determination of sentence: Imprisonment with prison labor for a year and six months, and two years of a stay of execution, shall be operated by the accused;