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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 4, 2017, the Defendant used the instant car at the 60-ro, Daegu Northern-gu, Daegu-ro, 19:00, on the ground that the Defendant used the instant car, and used it to stop depending on the victim’s vehicle in the front of the car driven by the Defendant, she stopped by the vehicle of the Defendant, she took a bath for the victim who was seated on the driver’s seat, she boomed by the victim with his/her driver’s left-hand spick, she takes a bath for the victim, she takes a bath for the victim coming from the car, and she took a blue with the blus.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of investigation reports (as to the confirmation of black stay images), black boxes and video CD-related Acts and subordinate statutes;
1. Relevant Article 260 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the basic area (two months to ten months) of the crimes of assault (general assault) (no person subject to special sentencing).
2. Circumstances unfavorable to the decision of sentence: the defendant was under a period of suspension of execution for the same kind of crime;
In addition, even though the Defendant had already been placed on two occasions, the circumstances favorable to preventing the instant crime: The degree of assault is relatively minor, taking into account all other circumstances, such as the Defendant’s age, occupation, sex and environment, family relationship, relationship with the victim, motive and circumstance of the instant crime, means and consequence, etc., and the conditions of sentencing, such as the circumstances after the commission of the crime.