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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 becomes final and conclusive.
Reasons
Punishment of the crime
On July 14, 2013, the Defendant: (a) around 00:57, around 200, 2013, on the ground that the victim D (hereinafter referred to as 60 years of age, south) was boarding the back seat of the KSX 2-2, which was operated by the victim D (hereinafter referred to as KTX 60 years of age,), and was driving on the back seat of the E-si in Ansan-si, Ansan-si, the destination of destination, the Defendant inflicted a bodily injury, such as a string of the victim’s shoulder, fluorg, and a fluorg, which requires treatment for 14 days, on the ground that the victim returned to the road prior to the exit No. 5 in the KTX Lighting-gu, the destination of which was located.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made to D by the police;
1. Written statements of D;
1. Application of Acts and subordinate statutes to investigation reports, photographs of each damage, and written diagnosis of injury;
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 (1) of the Criminal Act, Article 59 of the Probation, etc. Act
1. The summary of the argument is the fact that the defendant used the shoulder of the victim who driven a taxi and used it to scam. However, after such violence, the victim safely stopped the taxi on the road, and thereafter, the defendant and the victim inflicted bodily injury on the victim by the act of scambling the victim's losses in the course of driving the taxi. Since the crime of this case is merely a concurrent crime under Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of inflicting bodily injury under the Criminal Act, the crime of this case should be applied to concurrent crimes.
2. The offense of assault or assault against a driver as provided in Article 5-10 (1) and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be committed against the driver of the vehicle in operation.