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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 sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 26, 2016, the Defendant: (a) on the street in front of the “D hotel” located in the Busan Shodong-gu, Busan on February 26, 2016; (b) on the part of the “D hotel”, the Defendant: (c) went to the F taxi operating under the victim E (49) with daily driving; (d) requested the victim E to change to a different destination; and (d) demanded the damaged person to use the taxi at a different destination; and (e) made the victim’s face one time by taking the victim’s head debt at his/her hand and making the victim’s face at one time.
As a result, the Defendant assaulted the driver of a vehicle in operation and caused approximately two weeks of treatment to be taken into account, such as an internal influence.
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 medical certificates, photographs of injury parts, and each investigation report (No. 1,6,8 No. 1,68 of the evidence list);
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. 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: Imprisonment with prison labor for one year and six months from fifteen years to fifteen years;
2. Scope of recommending punishment: The lower limit of the punishment for one year and six months from June to two years is lower than the lower limit of the applicable sentences under the law, so the mitigated area (one month to two years from imprisonment) of the driver's bodily injury (the type No. 4) by assaulting the driver (the type of punishment for a person subject to special mitigation) (the number of persons subject to special mitigation) is set according to the lower limit of the applicable sentences under the law.
3. The defendant's act of inflicting an injury on a driver in operation, resulting in a large accident and resulting in substantial risk of causing physical damage to many and unspecified persons, shall not be subject to any minor liability.
However, it is somewhat contingent that the defendant committed the crime of this case and the degree of injury is not serious, and since then, the victim does not want the punishment of the defendant by unanimous agreement with the victim.