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(영문) 부산지방법원 2019.06.19 2019고단1661

특수상해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

On February 1, 2019, at around 02:0, the Defendant: (a) took a dispute with the victim D (52 years of age) and singing in the Busan East-gu B market; and (b) took a look at the victim’s head as a beer’s disease, which is a dangerous object in the table.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on sugars, etc. with no one in which there is no one in which the victim needs to be treated for approximately three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law); and

3. Determination of sentence: The decision shall be made as ordered by the defendant, taking into account the fact that the defendant has taken the head of the victim into consideration due to beer disease, has agreed with the victim, and taking into account the age, character and conduct, environment, motive and circumstances of the crime, and circumstances that conditions for sentencing, such as the circumstances after the crime, etc.