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Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On July 2, 2017, around 00:30 on the road of the “D” office located in Asan-si C at Asan-si on July 2, 2017, the Defendant was boarding the F taxi of the victim E (60) and then “where to what extent” from the damaged person.
“A person who is asked to ask questions, without any reason, and who takes the victim’s neck by hand, and takes the victim’s face, etc. in drinking, and suffered bodily injury, such as double gambling, which requires approximately three weeks of medical treatment.
Accordingly, the defendant assaulted the victim who drives a motor vehicle and inflicted an injury on him.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of Acts and subordinate statutes to the victim's photograph, field photograph, and death diagnosis report;
1. Article 5-10 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 201)
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;
2. Application of the sentencing criteria [the types] 4 types of violent crimes (the injury or injury of a driver) - The elements of mitigation (the person who is subject to special sentencing) - The areas of mitigation [the scope of recommendation] of mitigation [the area of mitigation of punishment] of mitigation of punishment [the scope of recommendation] 10 months to 2 years.
3. Determination of sentence: One year and six months of imprisonment, and three years of suspended sentence, this case is a serious crime that may cause physical damage to the victim, who is a driver, thereby undermining traffic order and threatening the safety of pedestrians, etc.;
However, the fact that the defendant has no record of punishment in Korea, that the victim paid 4,000,000 won to the victim, and that the victim does not want the punishment of the defendant, and that the defendant recognizes the crime and commits a serious reflective act, is an element of sentencing favorable to the defendant.
In addition, the records of this case, such as the criminal record, age, environment, sex behavior, family relationship, motive and means of the crime, circumstances after the crime, etc., are recorded.