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(영문) 부산지방법원 2021.02.18 2020고단4975

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2020, from around 05:32 to 06:51, the Defendant, at his own house located in Busan Dong-gu B, and from around 06:51, the Defendant, while drunkd the victim C ( South Korea, 37 years of age) who is an ordinary arche, called four times of telephone, but the victim was forced to refrain from speaking under the influence of alcohol without a proper answer, and the Defendant was able to find out the house of the victim.

At around 07:15 on the same day, the defendant found the house of the victim located in the Geum-gu Busan Metropolitan City, and opened the door to open the door, and entered the house in the state of the victim's interest. At around 07:15, the defendant collected the house of the victim who prevented him from taking the house of the fishery harbor located in the ward by spreading the fishery harbor located in the ward (23 cm in total length, 11 cm in length on the day) while suffering from the loss, and caused the injury of the body of the victim, fiff, and the body of the body of the other parts that require approximately three-day medical treatment to the victim, and the body of the body of the victim who prevented him.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of the body of a person who commits an injury diagnosis letter, photographs of tools and field pictures, photographs of operation on the upper part of the body, and photographs;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury [the scope of the recommended punishment and the scope of the recommended punishment] special injury [the person who is subject to special sentencing]: Reduction area of punishment [the scope of the recommended punishment], reduction area of punishment, April to one year [ the scope of the recommended punishment revised according to the sentencing guidelines] six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines are inconsistent with the minimum limit of the applicable sentencing range under law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: The accused shall be sentenced to eight months of imprisonment and two years of suspended execution;