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(영문) 부산지방법원 2019.08.22 2019고단2262

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim B(20 years of age) are between the time of middle school students and the time of birth to Dong and know.

At around 01:30 on February 27, 2019, the Defendant: (a) sent the victim by telephone on the ground that the victim had contacted the Defendant’s female-child Gu; (b) sent the victim to the front of Busan Dong-gu, and (c) took on the right side of the victim’s left face one time by drinking it to the right side; (d) cellular phone, which is a dangerous object cited by the victim on the part of the victim’s left side and was in possession of one time at the right side of the victim; (b) cut off two parts on the part of the victim’s left side and was in danger on the floor; and (c) cut off the s the s the stero hyp, which is a dangerous object on the floor, with the upper part of the victim’s left side.

In this respect, the defendant carried dangerous things and carried them to know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. B accusation;

1. Receipts and invoices of medical expenses, photographs of damaged parts, and written confirmations of surgery;

1. Application of CCTV closure photographs and statutes on site photographs;

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

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (Scope of recommending punishment), special injury and injury by repeated crime: Type 1 (Special Injury by Bodily Injury) (6 to two years) does not exist;

2. Although the defendant, who was sentenced to punishment, carried dangerous articles and caused the injury to the victim, and did not receive a letter of suspicion from the victim, the sentencing should be imposed as ordered in consideration of the defendant's age, character and conduct, the confession of the crime, the defendant's mistake, the degree of injury to the victim cannot be considered serious, the degree of the injury to the victim cannot be considered serious, the defendant has no record of criminal punishment except for punishment once by a fine, and other factors.