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(영문) 부산지방법원 2020.02.13 2019고단6135

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a relationship with C, who is a parent of the victim B ( South and 52 years of age), who is a parent of the victim B, and one year.

On September 9, 2019, when the defendant was in dispute with the victim's telephone at around 08:30 on the same day, the defendant met the victim on the street above the "Central Library Amendment Division" located in 53 Hong-ro, Busan, Dong-dong, 00 on the same day, but the victim acted as the victim's face by "Isle, n's hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume, hume the part of the victim's hume, humbling the part of the victim's eye on the floor of the victim.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on sugars, saves, saves, and saves, etc., where there are no two or more balls in which treatment is required for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Photographs of a shoulder-proof disease;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs on the parts of the Business Tribunal);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

1. The scope of punishment by law: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year.

(a) Basic crime: Crimes of special injury [Determination of types] Crimes of injury by special injury, repeated crime [Type 1] Special injury [Special Aggravation] mitigated element: Non- sources of punishment (determination of the recommended area and scope of recommendation] mitigated area: Imprisonment with prison labor for up to 4 months and one year;

(b)in accordance with the applicable sentences;