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A defendant shall be punished by imprisonment for not less than one year and six months.
except that 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 December 17, 2013, at around 03:20 on December 17, 2013, the Defendant: (a) when the victim temporarily stops the above taxi for the waiting signal in the written intersection located in the center of Busan Jin-gu; (b) when the victim “I am soon, I am promptly,” and (c) when the victim’s face level was seven times in drinking.
As a result, the defendant assaulted the victim who is a driver of a vehicle in operation and suffered about 10 days of treatment from the victim's face impairment.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to report on investigation (victims and suspect identification photographs);
1. The former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)
1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;
2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than one year and six months but not more than two years (decision of type): Violence crime
3. The criteria for the suspension of execution [main reasons for the suspension of execution] positive (grounds for minor injury] negative (where the driver of a motor vehicle in operation is a victim), positive (emulsion, serious reflective).
4. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and
5. The instant crime of sentencing is a case where the Defendant inflicted an injury on the driver of a vehicle in operation, and is against the victim.