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A defendant shall be punished by imprisonment for six months.
Reasons
Criminal facts
1. On November 20, 2016, the Defendant: (a) requested the victim C (3) (49 years) who is an acting driver on the road front of the branch office in front of the 1531 Eup/Myeon, among Pyeongtaek-si, within the 1531 Eup/Myeon, to allow him/her to drive on behalf of his/her dwelling, and (b) went into the fronthead of the police station during his/her destination while going into the destination, and (c) took the victim’s desire and speaks against the victim; and (d) took the victim’s back head on his/her hand more than 10.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. On November 20, 2016, at around 21:50, the Defendant: (a) 93 in the village of Pyeongtaek-si, Skidong-dong, and the victim C, who was assaulted as above, was driving the said vehicle in front of the police box in front of the police box, and stopped the vehicle; (b) opened the driver’s seat and opened the driver’s seat on the side of the driver’s seat; (c) around 30 times by hand, the victim’s face was bucks and the body was walked twice in order to identify the number of days of treatment; and (d) the victim’s buck and body cannot be identified.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to photographs of damaged parts, and photographs of vehicles driven by victims;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of assault by a driver, the choice of imprisonment with prison labor), and Article 257 (1) of the Criminal Act (the point of injury and the choice of imprisonment with prison labor);
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Application of the sentencing criteria;
(a) First-Class (General Bodily Injury) in the mitigated area (from February to one year): No penalty is imposed;
(b) A person who is in the basic area (from February to October) of category 1 (a special mitigation (aggravating) for crimes of assault against class 2: Where a person assaults a driver of a motor vehicle in operation, the punishment is not to be imposed; the scope of the final sentence according to the standards for handling multiple crimes: February to May;
2. Determination of sentence;