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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On April 2, 2016, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act at the Daejeon District Court on April 2, 2016, and filed an appeal for a suspended sentence of one year for an appellate trial.
1. On March 18, 2016, the Defendant: (a) on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc. against a driver); (b) on the 4th day in front of one bank located in Daejeon-dong, Daejeon-dong, Daejeon-ro 107; (c) on the 107th day of the victim B (56 years old); and (d) on the string of the C si operated by the victim B (56 years old); and (c) on the string of the C si operating, the Defendant asked the victim “I
(a) make the expression “falsor” and made once the part of the victim’s face at his/her hand.
Accordingly, the Defendant assaulted the driver of a vehicle in operation.
2. The Defendant damaged property at the time and place indicated in paragraph 1, and at the place indicated in paragraph 1, the Defendant destroyed the front glass window of the instant taxi to cover KRW 360,000 by generating the car repair cost.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of the Acts and subordinate statutes to the arrest report of the occurrence of the case, victim photographs, front glass photographs, and receipts;
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of a driver's assault) and Article 366 of the Criminal Act and the choice of imprisonment with prison labor for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. According to Article 62(1) of the Criminal Act of the suspended sentence, the following factors shall be comprehensively taken into account: (a) agreement with the victim B on the reason of sentencing; (b) the Defendant’s gender is against each other; and (c) the Defendant’s age, sex behavior, environment, etc.; and (d
It is so decided as per Disposition for the above reasons.