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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 10, 2016, around 08:0, the Defendant: (a) directed the victim by pushing the metropolitan bus at the bus stops located in Eln-ro, 184, Dan-ro, Sungnam-si; (b) cutting off the metropolitan bus at the bus stops in front of Dan-ro, 184; and (c) cutting off the bus again; and (d) prevented the defective victim D (35 tax) from driving at the bus; and (e) reporting to the police. However, the Defendant abused the victim by pushing the victim in front of the bus, which is a dangerous and dangerous object.
Since the defendant's special assault facts are included in the facts of special bodily injury, and the defendant only contests the fact of special assault while making a confession about the special assault, the defendant recognized the facts of special assault without any changes in the indictment.
Even if there is no concern about substantial disadvantage in the exercise of the defendant's right of defense.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant Article 261 of the Criminal Act, Articles 260 (1) and 260 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and ten months) of the sentencing guidelines (any person who habitually commits a repeated crime, a repeated crime, and a special assault) is nonexistent;
2. Circumstances unfavorable to the decision of sentence: The sentence shall be determined as per the order, considering the circumstances under Article 51 of the Criminal Act, the scope of recommended sentences, etc. under Article 51 of the Criminal Act, such as the fact that the defendant committed violence against the victim with highly dangerous bus and the fact that the defendant did not receive a letter from the injured person: The defendant was the first offender, the defendant shows his attitude to confession and reflect the crime in this case, and the circumstances are to be considered in the course of the crime in this case
The acquittal portion
1. On October 10, 2016, the Defendant’s summary of the facts charged lies in the EL equity share of around 08:00, Sungnam-si, Sungnam-si, which is located at 184, Gannam-ro.