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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 of the final judgment.
Reasons
Punishment of the crime
The defendant is a private taxi driver, and the victim D (55 years old) is a taxi passenger.
1. Around 21:50 on January 25, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury, etc.) caused the victim’s damage to the said taxi on the street prior to the heading livestock of 558-ro, Sungnam-si, Sungnam-si, resulting in an injury to the victim, such as a breath, a breath, a taxi, and an breath from the vehicle, a dangerous object in possession of main money, two times the victim’s damage from the vehicle, and a breath, an electronic percussion lock, a dangerous object in possession of main money, four consecutive times the victim’s body from the floor, and a re-electronic percussion locked the victim several times, resulting in an injury to the victim, such as a catus catus at the left-hand side of the victim requiring approximately four weeks medical treatment.
2. A person who is permitted to possess an electronic percussion locks in violation of the Control of Firearms, Swords, Explosives, etc. Act shall not use electronic percussion locks unless the permitted purpose of use or any justifiable ground exists;
Nevertheless, the Defendant used electronic percussion locks (J-911) that he was in possession with the permission of self-credit at the time and place specified in paragraph (1) above for the purpose of attacking the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Permission for possession of electronic percussion locks;
1. Investigation report (Investigation of the counter party of the shootings);
1. Seizure records;
1. A damaged photograph;
1. Application of Acts and subordinate statutes to photograph electronic percussion locks;
1. Articles 3 (1) and 2 (1) 3 of the relevant Act on the Punishment of Violences, etc., Article 2 (1) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on carrying a dangerous object), Article 73 subparagraph 1 of the Control of Firearms, Swords, Explosives, etc. Act, and Articles 17 (2) of the same Act concerning criminal facts (the occupation of using a
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a person who violates the Punishment of Violences, etc. that is heavier than the punishment shall be imposed);
1. Article 53 and Article 55(1)3 of the Criminal Act reflects on discretionary mitigation.