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A defendant shall be punished by imprisonment with prison labor for up to 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
Criminal facts
On September 15, 2018, the Defendant: (a) around 12:20, at the alley distance near Gangnam-gu Seoul, and on the ground that the vehicle driven by the victim B (the age of 42) prevents the progress of the vehicle driven by the Defendant, the Defendant saw the victim’s face, etc., who was sitting in the driver’s seat through the open driver’s window, several times in hand; (b) the victim’s face and distribution, etc. are continuously taken back from the vehicle due to drinking and launching, etc.; and (c) the victim sustained the victim’s face, etc., and suffered injury, such as brain, etc., without an open two addresses requiring treatment for about 40 days, by the victim.
Summary of Evidence
1. Legal statement of the witness B;
1. Videos of crime prevention closed-circuit television;
1. Application of Acts and subordinate statutes to the injury diagnosis statement and opinion statement;
1. Article 257 (1) of the Criminal Act applicable to the crimes;
1. Reduction of sentence pursuant to Article 62(1) of the Criminal Act (amended by Act No. 62(1) of the Suspension of Execution (amended by Act No. 62(1)) of the Criminal Act (amended by Act No. 1): April to June (Special Convicted Persons): February to October (Pronouncement Decision) taking into account the motive and method of the instant crime, the degree of the exercised violence and the degree of damage, the Defendant’s age, character and conduct, criminal records, and circumstances after the commission of the instant crime, etc., and all of the sentencing conditions revealed in the oral proceedings, such as the Defendant’s age, character and conduct, criminal records, and the victim’s circumstances after the commission of the crime, the suspended sentence of imprisonment was ordered as ordered for the Defendant
We examine the application part for compensation order of this case.
The applicant for compensation appeared and agreed with the defendant on the third trial date of this case, and then according to the written application for no compensation submitted to the court on May 31, 2019, the applicant for compensation can be found to have received five million won, which is a part of the agreed amount in accordance with such agreement. Thus, it is inappropriate to issue an order for compensation in the criminal procedure. Thus, the application for compensation in this case is not appropriate.