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(영문) 부산지방법원 서부지원 2019.07.11 2018고단2042

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On July 19, 2018, at the Busan Gangseo-gu Office for Voluntary Crime Prevention, the Defendant 21:25, while drinking alcohol together with the victim C (the 60-year old-age), etc., of Gangseo-gu Busan Gangseo-gu, Busan, the Defendant tried to hear the end that the Defendant was not intentionally damaged by the victim on the date of destroying the lost trees of the victim. He saw the beer disease, which is a dangerous object on the part of the consignee, and then cut the math of the victim one time, thereby requiring approximately two weeks of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Photographss and field photographs of damage situations;

1. The defendant's defense counsel in the judgment of the defense counsel in the medical certificate of injury alleged that at the time of the crime of this case, the defendant was suffering from Albuses, and that at the time of the crime of this case, the defendant was in the state of mental or physical disability or mental or physical disability by drinking alcohol, according to the statement at the investigation agency of the defendant and the victim, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to distinguish things or make decision

Since it seems that the defense counsel cannot be seen to be in a state or weak condition, the above assertion by the defense counsel is rejected.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types]. The special injury by special injury and repeated crime [the category 1] special injury [the scope of the recommended punishment] and the mitigated element: The scope of sentence recommended in the sentencing guidelines for six months to one year.