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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 2012, 2012, the Defendant, around 20:25 on December 12, 2012, was boarding a D taxi that the victim C (year 56) gets driven in the vicinity of a fright to drink in Songpa-gu Seoul Metropolitan Government.
The Defendant first saw the victim as a head-dong, but later saw the victim as a pungdong-dong, and the said taxi was moving to the direction of the Guongbuk-dong-gu, Seongdong-gu, Seoul, and the Defendant suffered injury to the victim, such as double dust, which requires at least two weeks of treatment, on the ground that the victim's face and head is not soon scheduled for destination in front of the Han River Management Business Office located in Seongdong-gu, Seongdong-gu, Seoul.
Accordingly, the defendant assaulted the victim who is a driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A written statement of the occurrence of E traffic accidents;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the option of punishment;
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( normal considered in the following sentencing):
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing):
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Application of the sentencing criteria [determination of types] violent crimes, assault crimes, Types IV (Special Bodily Aggravated Punishment): Insignificant injury, non-reduction of punishment [Scope of sentence and decision-making of recommendation area] mitigated area (special adjustment], five months to two years [the scope of sentence of recommendation according to the minimum sentence under the law] from May to two years [the basis of suspended sentence] imprisonment for one year and six months [the period of suspended sentence] and two years from June to two years from [the basis of suspended sentence]: Insignificant injury, general failure to punish: When any contingent crime is committed: Where a driver of a motor vehicle in operation is a victim;
3. Determination of sentence: One and half years of imprisonment and two years of suspended execution; and