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A defendant shall be punished by imprisonment for not less than eight 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
1. On October 22, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc. against drivers) committed assaulting the victim B (64 years old) on October 22, 2016 at the entrance of each mountain market located in Suwon-si, Suwon-si, to enter the front of the same trade distance of the same Gu, which is for the purpose after boarding the back seat of the victim C-si operated by the victim B (64 years old). At the request of the victim, the Defendant committed assaulting the victim by issuing a fake certificate, and making a frightencing f0 centimeters of length (60 centimeters in length).
2. Around 04:39 on the same day, the Defendant damaged the 618,200 won of the repair cost of the above cab by putting the cab out of the si, putting the si on the Don-gu Don-si Don-si Do, and putting the sin-si sin and cutting off the sin, making the sin-si sin, and making the sin-si sin-si sin, etc.
3. In the same date and time as the above 2 paragraph, the injured Defendant sent back the victim’s face, etc., which was crypted by the Defendant at a certain place, to several times, and led the victim to an interview with an inner part requiring approximately one week medical treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made with respect to the preparation of a warning against B;
1. Application of Acts and subordinate statutes to photograph the damage caused by a vehicle, written diagnosis of the injury, written estimate of the vehicle, and report on the investigation of the motor vehicle;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver), Article 257 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 5-10 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Suspension of execution under Article 62(1) of the Criminal Act (defluence to the reasons for sentencing) - Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act - The offender’s use of force is not good for committing a crime by assaulting the driver on the ground that he/she has come to defluence. - No particular effort is made to recover the victim’s damage. favorable circumstances - The Defendant recognized all criminal facts.