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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 a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On September 17, 2016, the Defendant: (a) 21:50 on September 21, 2016, the victim C (63) boarding a D taxi in the vicinity of the clock tower located in Ulsan-dong, Ulsan-gu, U.S., and passed near F in Ulsan-gu E, Ulsan-gu; (b) was under the influence of alcohol to mislead the victim of his/her face bypassing his/her destination; and (c) took a bath to the victim, the Defendant inflicted injury on the victim, such as damage to the character of face, which requires approximately two weeks of treatment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to each investigation report (a death diagnosis report, black stuff image analysis report);
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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
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. The scope of the recommended punishment according to the sentencing guidelines [type determination] shall be limited to the range of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines for one year and six months to two years (the minimum limit of the sentenced punishment shall be set at the minimum limit of the applicable punishment in law because the minimum limit of the recommended punishment is lower than the minimum limit of the applicable punishment in law,) from the imprisonment for 5 months to the two years (the scope of the recommended punishment shall be set at the minimum limit of the applicable punishment in law), respectively.
3. The crime of this case committed by the Defendant on the sentence of sentence was committed by assaulting the victim for a period of two weeks, such as taking the victim’s face at the time of taking the victim’s bath while taking the victim’s bath, thereby resulting in the victim’s injury requiring medical treatment. In light of the background, attitude, etc. of the crime, the crime is deemed to be committed.