Text
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
On June 20, 2020, the Defendant: (a) 01:41 on June 20, 2020, went on a private taxi driven by the Victim B (ma, 56 years old); (b) arrived at the front of the “E” located in Seoyang-gu D, Goyang-gu, the destination of which was intended; (c) but did not get off from the taxi under the influence of alcohol. However, when the victim moved a vehicle to drive another vehicle, he gets off the vehicle while driving the vehicle, and gets off the victim’s face at one time by drinking the victim while driving the vehicle. In order to report to the investigation agency, the Defendant saw the victim to move the vehicle to the Goyang-gu police box, and she saw the victim’s right bher
As a result, the defendant assaulted the victim in operation, and caused a diagnosis on the upper right side in need of treatment for about two weeks.
Summary of Evidence
1. Application of Acts and subordinate statutes to the victim's photographic part of the protocol of statement by the police on the defendant's legal statement B (Evidence List Nos. 1), investigation report (Evidence List No. 9,10) (Evidence List No. 9, 10) to the victim's photographic part,
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. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing (it is not reasonable to issue an order for compensation because the scope of liability for compensation is unclear) under Articles 25 (3) 3 and 32 (1) 3 of the Act on Special Cases concerning the Rejection of Lawsuit, etc. of Application for Compensation;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. The scope of recommendations according to the sentencing guidelines (decision of types) shall be limited to the scope of violent crimes [Type 4] the driver's bodily injury (special person concerned] mitigated elements of mitigation: Minor injury (category 2 and 4): Reduction area (the scope of recommending area and recommendation range) mitigated area, ten months to two years (the scope of recommendation punishment corrected according to the sentencing guidelines).