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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 March 24, 2014, at around 23:35, the Defendant, while drunk in front of the D cafeteria located in Jinju-si, opened a string of a taxi with the right-hand distance in front of the Gangnam-dong located in the same city where the victim E (the age of 51) was under the influence of alcohol in front of the D cafeteria located in Jinju-si, and attempted to get a right-hand distance.
The Defendant expressed that “the driver will not drive the vehicle while driving the vehicle,” and that “the driver will see whether or not the driver will do so.” The Defendant sent the victim’s face while driving the vehicle by hand, and caused the victim to the bottom of the body, such as a tree, an inner part, a chest, a chest, and a arms, which require the victim’s treatment for about 21 days.
The Defendant continued to open a chief door from the above taxi and damaged the card settlement machine equivalent to KRW 180,00,000 at the market price attached on the front line of the above section.
Accordingly, the defendant assaulted the victim who is the driver of a vehicle in operation and caused the injury, and damaged the victim's property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on the medical certificate of injury and receipt of goods;
1. Article 5-10 (2) (former part) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 366 of the Criminal Act concerning criminal facts and Article 5-10 (2) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes, which are heavier than the punishment, to the punishment provided for in the aforesaid two crimes);
1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Legal penalty;