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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 21, 2016, at around 23:50, the Defendant: (a) taken a D taxi driven by the victim C (44 tax) on the front of the white Park in front of the original city, and (b) laid down the victim’s head car with his left hand while under the influence of alcohol, and laid down the victim’s head car with his/her right hand without any justifiable reason while under the influence of alcohol; (c) 1 time off the part of the victim’s right side by drinking on the right side; and (d) taken the victim’s cell phone from his/her cell floor to cut off the victim’s cell phone for about two weeks.
Accordingly, the defendant assaulted the driver of a vehicle in operation and caused the injury.
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 of a medical certificate;
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. 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. The scope of the applicable sentencing under the law for sentencing under Article 62-2 of the Social Service Order Act: The scope of the recommended sentencing [the type] on the sentencing guidelines in one year and six months and fifteen years and the scope of the punishment [the scope of the recommended punishment] on the driver's injury (the type No. 4] of assault crime, the minor injury and punishment non-applicable (the scope of the recommended area and the recommended punishment] from one year and six months to two years [the lower limit of the applicable sentencing range recommended in the sentencing guidelines (five months)] from one year and six months [the lower limit of the applicable sentencing range recommended in the special mitigation area and the sentencing guidelines (five months)] from one year and six years (the lower limit of the applicable sentencing range in this Act is lower than the lower limit of the applicable sentencing range in this Act), so the injury suffered by the victim is minor.
In agreement with the victim, the injured party does not want the punishment of the defendant.
[Unfavorable circumstances] The crime of this case is committed by the defendant on getting a taxi.