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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Around 02:49 on August 5, 2020, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Drivers, Violence, etc.) (hereinafter “AD”) committed an injury on the victim’s back seat of E-si located in Gangseo-gu Seoul Metropolitan Government, resulting in the victim’s e-mail damage, etc. in the part where the head is missing for 14-day medical treatment for 14-day treatment by leaving the victim’s face, buckbucks, etc. in front of the lower seat of E-si located in the 35-ro, Gyeyang-gu, Seoyang-gu, Seoyang-gu, the destination of the taxi.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
2. Around 03:00 on August 5, 2020, the Defendant: (a) arrived in front of the ridged 35, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu; (b) unloaded from the above taxi to the above taxi and thereby, damaged the Defendant’s repair cost equivalent to KRW 385,00 in the above taxi.
Summary of Evidence
1. A written statement of the defendant's legal statement in D (Evidence Nos. 2 and 10), an investigation report (Evidence List Nos. 2 and 112), an injury diagnosis report, and a written estimate;
1. Application of the Acts and subordinate statutes to photographic materials, booms video materials, and taxi booms video screen pictures;
1. Article 5-10 (2) (former part) and Article 5-10 (1) (former part) of the Act on the Aggravated Punishment, etc. of Specific Crimes, 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 Criminal Act [limited to the sum of the long-term punishments of each of the above crimes)]
1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62(1) of the Criminal Act of the suspended execution is as follows.