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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
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
On May 23, 2020, the Defendant: (a) around 20:45, at the Changwon-si B B B B lending, the victim saw that he was coming from the parking lot, and tried to drive the vehicle on the Defendant’s C Orler vehicle; and (b) the victim D (55) who was apprehended that the Defendant would not recover the rent for heavy equipment from the Defendant’s front vehicle would be unable to recover the rent for heavy equipment from the Defendant’s vehicle. (c) the victim D (55) laid down the two arms in front of the Defendant’s vehicle and carried the pedle pedle on several occasions, and even if the victim did not do so, the victim driven the vehicle and caused the victim to go beyond the floor by shocking the front part of the bridge of the said vehicle.
As a result, the Defendant carried dangerous things with the victim, thereby inflicting bodily injury on the victim, such as clock, tension, knock, etc. in need of treatment for about 21 days.
Summary of Evidence
1. Defendant's legal statement;
1. A written diagnosis of the police record of the D and a photograph of a CCTV image closure;
1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of punishment by law: Six months to five years;
2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and
3. Opinions of prosecutors: Imprisonment with prison labor for one year and six months;
4. The Defendant rendered a sentence, even though he did not turn on the part of the victim, was in driving a motor vehicle and caused the victim to suffer injury in need of medical treatment for about 21 days.
The victim's request for the payment of the rent for heavy equipment is ambiguous.