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(영문) 부산지방법원 2020.04.21 2019고단5608

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 51) are marital relations.

On October 14, 2019, the Defendant: (a) around 20:28 on October 2019, 2019, on the ground that the victim demanded the conversation of the Defendant in front of the Busan B building, and attached the Defendant’s Otobane, the Defendant sent two parts of the victim’s two parts and two parts on the left side of the victim’s two parts and two parts on the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes of a medical certificate;

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 for discretionary mitigation;

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

1. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Contributor] mitigated elements: Non-won of punishment [the scope of the recommended area and the recommended punishment] mitigated area, and four to one year [the range of the recommended punishment corrected according to the applicable sentencing] imprisonment for four months [the range of the recommended punishment corrected according to the applicable sentencing] (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range);

2. Determination of sentence: (a) the Defendant is against the victim; (b) the agreement is reached with the victim on October 25, 2019; (c) divorce mediation (including division of property and consolation money) is established between the Defendant and the victim on or around October 25, 2019; (d) criminal records exceeding a fine and criminal punishment has no record of criminal punishment after 2010; and (e) other various conditions of sentencing as shown in pleadings, such as the motive and background of the instant crime; (b) the Defendant’s age, character and conduct; (c)