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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
At around 01:00 on April 9, 2013, the Defendant: (a) boarded the victim’s face one time, citing the Handphone from the victim’s left hand while driving the Dog-dong residents’ room in the five-dong residents’ room, which is destination, by getting the victim into the back seat, on the alleyway in the modern department store located in Ulsan-gu, Ulsan-gu, Busan-do., the Defendant boarded the victim’s seat at one time.
Defendant continued to get off the taxi from the taxi, when the victim's bucked away from the taxi.
As a result, the defendant assaulted the victim who is the driver of a vehicle in operation, and inflicted an injury on the victim, such as 14-day medical treatment on the part of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. E statements;
1. Application of the Act and subordinate statutes to the investigative report (34 pages of investigation records);
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;
1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. The grounds for affirmative participation in the range of recommended sentences according to the sentencing guidelines (determination of types), violent crimes, Type IV (Bodily Injury to Drivers) (Scope of Recommendation), Imprisonment with prison labor for one year and six months to three years (basic area) (based on suspension of execution of sentence) of assault crimes: A person who has been subject to suspended execution on at least two occasions;
3. Determination of sentence: One and half years of imprisonment, and two years of suspended sentence are not guilty of the crime that the defendant suffered injury requiring two weeks of medical treatment in consideration of the face, etc. of taxi drivers in operation, and if driving is hindered due to the crime of this case, the occurrence of the secondary traffic accident may occur.