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Defendant shall be punished by imprisonment for a term of 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
1. Around January 5, 2015, the Defendant, on violation of the Act on the Aggravated Punishment of Specific Crimes (such as a driver’s assault, etc.), was boarding the taxi as a taxi customer operated by the victim C (52 years) on the front day of the Guro-gu Seoul Metropolitan Government 92 king-ro 2,000,000,000,000,000.
The Defendant thought that the victim was driving on the way to return to the path while the taxi was in a taxi destination, and tried to set the victim's blick with safety level, blicked the victim's eye with the victim's blick, and blicked the victim's face with the victim's finger, followed up about 14 days on the face of the victim in need of treatment.
2. The Defendant damaged property by generating 50,000 won of the car repair cost in a taxi at the time and place specified in paragraph 1. The Defendant damaged property owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Photographs of the victim;
1. Application of Acts and subordinate statutes of an injury diagnosis certificate and estimate;
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-10 (2) and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of driver) and Article 366 of the Criminal Act concerning the crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, to the extent that the sum of the long-term punishments of each of the crimes above is added to the punishment specified for a violation of the Act on the Aggravated Punishment,
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 punishment by law: Imprisonment with prison labor for not less than one year and six months but not more than 16 months;
2. Application of the sentencing criteria;
A. A crime No. 1: Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.) [Type 4 (Bodily Injury by Violence of Drivers) (Special Sentencing Measures): Reduction element: Non-existence of punishment [Determination in the sphere of recommendation] mitigated area.