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(영문) 부산지방법원 서부지원 2021.02.17 2020고단1648

특수상해등

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 56 at that time) had liveded from around 2013 to around 2018.

1. In a case where the Defendant, on August 8, 2017, 23:36, performed drinking together with the victim at the Busan Northern-gu C “D” restaurant, Busan-gu, Busan-do, the Defendant was unable to pay the Defendant the money borrowed from another person.

“In the end of the straw, the number of treatment days in which the head of the victim was to teared to the victim once in the straw of the head of the victim.” The strawed the straw of the victim.

2. A special assault Defendant, around September 29, 2017, while drinking together with the victim at the restaurant specified in the foregoing paragraph 1, around 02:40 on September 29, 2017, he/she refuses the Defendant’s request to provide money. B, on the ground that he/she refuses the Defendant’s request, he/she only died of finch.

"The knife knife knife and knife knife knife on the kitchen, and the knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the field photographs of the police statement No. B;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (Special Bodily Injury) of the Criminal Act concerning facts constituting an offense, and Articles 261 and 260 (1) of the Criminal Act (the point of special assault, the choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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: One to fifteen years of imprisonment;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Special Violence) (Special Violence) / [Determination of Type] Violence / [No. 6] / Special Violence / Special Violence / Special / Special Assault / Special Sentencing : In the event that punishment is not imposed (including serious efforts to recover damage) or considerable damage has been recovered (the area of recommendation and the scope of recommendation] mitigated area, two months to one year;

(b) Class 2 Crimes (Special Bodily Injury) (Determinations of Type) ; 02. Special Injury and repeated injury.