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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On June 22, 2017, at around 02:25, the Defendant was boarding a D taxi that is driven by the victim C in the vicinity of the elementary taxi located in the Seocho-gu Busan Metropolitan City, and was under the influence of alcohol to the front of the F in front of the F in E, and had the victim take the face of the victim with drinking and cellular phone without any particular reason, and the victim’s right hand hand hand hand over twice as soon as possible, and walk the above taxi meters amounting to 23,100 won at the market price.
As a result, the defendant assaulted the victim who is the driver of a vehicle in operation and caused about 20 days to be in the vicinity of the snow that requires treatment, and damaged the property owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to C;
1. Application of each investigation report, injury-taking photo, injury diagnosis certificate, medical confirmation certificate, quotation (at least 16 times a year), black stuff photograph, CD (at least 13 times a year) statute;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of driver) and Article 366 of the Criminal Act concerning the crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (limited to the sum of the long-term punishment of two punishments)
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)
1. Scope of punishment: Imprisonment with prison labor for a year and six months from June to June 16;
2. Scope of punishment to be recommended: Imprisonment with prison labor for a year and six months to three years.
(a) Basic crime: Crimes of violence committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. of Drivers) in the basic area (one year and six months to three years);
B. Concurrent Crimes: Property damage (a type of determination) is a type 1 (property damage, etc.) (one month to six months) in the mitigation area (special mitigation factors).