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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 January 5, 2016, at around 00:14, the Defendant: (a) assaulted the Victim C (46) on the street in front of the Sejong Culture Center (175) in front of the Sejong Culture Center; (b) moved the Victim C into the Seoul Seongbuk Police Station; (c) moved the Victim to the Seoul Seongbuk Police Station; and (d) 2, Jongno-gu Seoul, Jongno-gu, Seoul, was driving around the street, the Defendant breaddd the Victim “Ih” sound to the Victim, boomed the Victim’s face, shouldered, pusheded the Victim’s shoulder, boomed the Victim’s face, shouldered, khicked, kicked, and kicked the arms, and inflicted an injury on the Victim, such as catum salt, etc. requiring medical treatment for about 14 days.
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 to C by the police in the protocol; and
1. Description of the written diagnosis of injury;
1. Application of CD’s film-related statutes;
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 under Acts: Imprisonment for one year and six months to fifteen years; and
2. Scope of the recommended punishment according to the sentencing guidelines: From 10 months to 2 years [the type of decision] of imprisonment with prison labor, the element of mitigation [the person causing violence to a driver] of types 4 (the person causing harm to a driver] of violent crimes: The area of mitigation of punishment [the scope of the recommended punishment], the area of mitigation of punishment, 10 months to 2 years.
3. Determination of sentence: One year and six months of imprisonment, and two years of suspended execution, the defendant assaulted the victim who was driving a taxi to cause injury, and such act may cause a traffic accident and cause danger to an unspecified number of life and body. Therefore, it is necessary to strictly punish the victim.
However, the fact that the defendant recognizes his mistake and reflects it, and that the injured party does not want the punishment of the defendant by unanimous agreement with the victim.