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A defendant shall be punished by imprisonment for four 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 April 29, 2020, the Defendant: (a) 01:10, around the Seo-gu, Seo-gu, Seo-gu; (b) 01:20 on the same day, she boarded the victim’s neck, who was driven by the victim B (Namnam and 63 years of age) in the vicinity of the Seo-gu, Seo-gu, Daejeon; and (c) she assaulted the victim’s neck on three occasions in total, one time after the lapse of a three-time branch office of the party who was driven by his/her hand, such as the road, etc. in front of the Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon, Daejeon-gu, Daejeon-do, Daejeon-ro 61-1,
Summary of Evidence
1. Defendant's legal statement;
1. B written statements;
1. Application of statutes on photographs of damage;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Imprisonment with labor for the crime;
1. Article 62 (1) of the Criminal Act;
1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of recommendations according to the sentencing guidelines [decision of types] the general assault [Class 1] - The mitigation element: In cases of assaulting a driver of a motor vehicle in operation (type 1): The basic area of recommendation and recommendation range], the basic area of imprisonment with labor for up to 2 months [no general person] [no reason for suspension of execution] - The general reason for suspension of execution: No reason for suspension of execution: The general reason for suspension of execution: The driver of a motor vehicle in operation has any criminal records of suspension of execution or more - the driver of a motor vehicle in operation is the victim.
3. Determination of sentence: Four months of imprisonment and two years of suspended sentence;
A. Unfavorable conditions: The act of committing the instant crime without being aware of the fact that he/she was punished by a fine of one million won due to the assault of a driver who committed on April 14, 2019, and the crime of violence against a driver is a bad crime as it may cause a traffic accident.
B. favorable conditions: The victim shall agree with the victim that recognized the crime of this case to reflect the mistake, that there is no record of punishment exceeding the fine, and that there is no record of punishment exceeding the fine.