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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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 2, 2015, the Defendant boarding the back seat of the D-si operated by the Victim C (47 tax) on or around 00:20 on December 2, 2015, and proceeding with the road near the E Medical Center located in the Busan Jin-gu, the Defendant was at the time of the victim’s head who was driven by the A-si’s own hand while driving the road, and the victim is at any time at the time of driving.
The victim who hears the word "" is "one tobacco ky, kying, and gying, but must not prepare.
“The victim’s head was the second hand of the victim, and the victim’s body was continuously faced several times due to his/her occurrence, and the victim suffered injury, such as cerebral finites, where there is no open room for approximately two weeks of treatment.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
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, such as a medical certificate of injury, a medical certificate, and an investigation report (No. 8 of the evidence list);
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Scope of applicable sentences: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;
2. Scope of the recommended punishment: The lower limit of the punishment by law shall be the lower limit of the punishment by law, since the lower limit of the punishment by law (one year and six months of imprisonment) in the area to be mitigated (one year and six years from June to October) is lower than the lower limit of the punishment by law (one year and six months of imprisonment).
【Special mitigated Persons】 Non-Punishment
3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in substantial risk of causing physical damage to many and unspecified persons, shall be mitigated in light of the fact that the defendant's act of causing an injury to the driver in operation beyond the danger to the driver.