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A defendant shall be punished by imprisonment for one year.
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 01:30 on January 25, 2020, the Defendant: (a) was on the street before “Catt” located in the Yannam-gun B, the Defendant left the vehicle with the victim D(33 years of age) on the ground that the Defendant interfered with the Defendant’s driving; (b) after stopping the said vehicle, the Defendant got the victim’s face down from the vehicle to be pushed down with the victim’s body, and fright the victim’s face at one time.
The Defendant continued to inflict bodily injury on the victim, such as cutting down the left-hand bed and the alley, cutting down the alley, cutting down the right bed, and cutting down the alley, etc., for about eight weeks of treatment.
Accordingly, the defendant injured the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. A report on occurrence, a report on internal investigation, and an emergency medical service log;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;
1. Scope of punishment by law: One to seven years of imprisonment;
2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes: General injury [Type 1] general injury (including a special person who has a punishment): Reduction element: Where a person has failed to punish him/her (including serious efforts to recover damage) or has recovered from considerable damage: serious injury (the scope of recommendation field and recommendation type], basic area (the scope of recommendation field and recommendation type], April through January 16.
3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:
The degree of injury suffered by the victim is too serious in light of the content of the crime.
Despite the history of punishment several times for the same violence crime, the crime of this case has been committed again.