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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 three years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
On January 4, 2015, around 15:06, the Defendant’s “F” as stated in the written indictment of the victim D at the front of Suwon-si, Suwon-si, Suwon-si, is clear that the “F” is a clerical error in the “D”.
Along with his desire to engage in a dispute with his hand, he was killed in the E- which was owned by the Defendant for about 10 meters after taking on the E- which was 10 meters back, and then faced with the victim's right-hand side, which is an object dangerous by provokinging the victim's left-hand side of the above car, and caused the victim's injury, such as the high wave on the left-hand side part in need of medical treatment for about 42 days, due to the collision of the victim's left-hand side.
Summary of Evidence
1. Statement made by the defendant in this court;
1. Statement made by the public prosecutor on D; and
1. Application of each of the Acts and subordinate statutes to record the results of the examination of injury, photographs of the part of the injury, red tides, and photographs to capture CCTV for crime prevention at the scene of the case;
1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (agreement, reflectivity, family members and terronists);
1. Article 62 (1) of the Criminal Act on the stay of execution (agreement, reflectment, family members and their assistants);
1. The summary of the charge of assault and assault among the charges of this case, which dismissed the prosecution of Article 62-2 of the Social Service Order Act, is that the Defendant attempted to eliminate the victim’s face due to the defect that the victim, who was used on the floor, tried to report on the 112 as stated in the above criminal facts, and assaulted the victim to walk his/her hand.
However, this is a crime falling under Article 260(1) of the Criminal Code, which cannot be prosecuted against the victim's express intent under Article 260(3) of the Criminal Code. Since the victim withdraws his/her wish to punish the defendant on March 4, 2015, which was after the prosecution of this case was instituted, this part of the prosecution is instituted in accordance with Article 327(6) of the Criminal Procedure Act.