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(영문) 부산지방법원동부지원 2020.10.08 2020고단1221

특수상해

Text

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

except that 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

On April 1, 2020, the Defendant: (a) around 06:15, at C operated by the Defendant located in Busan Shipping Daegu, and around 46 years old, the Defendant followed that the Victim D(46 years of age) suffered a hole from the Defendant in the face in the past; (b) he saw the beer, which is a dangerous object on the table, and put the beer, which is a dangerous object on the table, three times at the right eye of the victim, the Defendant was suffering from the opening of the eye in the number of days of treatment.

Accordingly, the defendant carried a beer, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to one CD;

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 punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] [the range of the punishment [the range of the recommended sentence] special injury and repeated injury [the person in special form] special injury [the person in special form] - the mitigated element: In the event that punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered (the scope of the recommended sentence and the recommended sentence], the mitigated range of imprisonment from April to one year [ the range of the recommended sentence corrected by the applicable sentence]] six months to one year from June of the sentencing guidelines (the minimum limit of the sentencing range recommended by the applicable sentencing guidelines are different from the statutory minimum limit of the applicable sentencing range, so the minimum limit of the sentencing range recommended by the applicable sentencing guidelines is different from the applicable sentencing guidelines by law] - The mitigated element: The serious reflect [the reasons for suspension of execution] - The main pride factor: the penalty penalty (including the serious reason for recovery of damage): General pride, the serious reason for a crime, and the general pride: at least two previous convictions at least two times;

3. Determination of sentence: The sentencing conditions favorable to eight months of imprisonment and two years of suspended sentence: the defendant shows the way to recognize and reflect the instant crime.