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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
On January 18, 2019, at around 15:25, the Defendant brought an dispute about the route of operation in E-si operated by the victim B (year 62) in front of the D Elementary School located in Yeongdeungpo-gu Seoul Metropolitan Government, and caused damage to the victim's face face that requires approximately two weeks of treatment when the victim's left side is three times.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement in B;
1. A damaged parts photograph, victim image photograph, black stuff image CD;
1. A written diagnosis of injury;
1. Application of each investigation report (the confirmation of a victim's black image, witness F counterpart investigation) statute;
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 made again for the reason of sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Grounds for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders;
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to fifteen years;
2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] (the type 4] used to commit violent crimes, the driver's injury [the scope of the recommended punishment] to be mitigated (the scope of the recommended punishment and the recommended punishment] to be mitigated, the imprisonment with labor for not less than 10 months and 2 years (the scope of the recommended punishment corrected according to the applicable sentencing] to 1 year and 6 months and 2 years (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the minimum of the applicable sentencing range is set according to the law).
3. The crime of this case committed by the defendant on the sentence of sentence is that the defendant inflicts an injury on a taxi driver in operation, and the crime of assault against the driver is committed by the driver.