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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
Punishment of the crime
On September 23, 2015, the Defendant: (a) around 01:35, the Defendant: (b) arrived at the packing horse of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, which is a destination; (c) refused to pay taxi fees; and (d) caused the damage to the police officer, who driven the cab in accordance with the Samcheon-gu-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
Summary of Evidence
1. Legal statement of witness E;
1. Statement made by C by a witness in the second public trial protocol;
1. A damaged photograph;
1. A medical certificate (the Defendant was under the influence of alcohol on the date and time stated in the facts charged, so that such situation does not memory.
Claimant denies the fact of assault.
However, according to each of the above evidence, including the witness C’s statement in the trial records, the facts charged of this case are fully recognized.
The above argument by the defendant is not acceptable. The above argument by the defendant cannot be accepted.
1. The former part of Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the relevant Act;
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. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act on orders to provide community service and attend lectures;
1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;
2. Application of the sentencing criteria [Type] Violence Crimes No. 4 (Bodily Harm resulting from Violence of Drivers): Reduction element: No minor aggravation element: [Scope of the recommended punishment] Reduction Area: From October to two years [the scope of the corrected punishment] from January to June 2 years [the scope of the corrected punishment] from January to June 2 years (the lowest limit of the recommended punishment is lower than the minimum limit of the statutory applicable sentencing, so the lower limit is legally applicable.