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(영문) 부산지방법원서부지원 2020.11.18 2020고단1294

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 16, 2020, at around 09:25, the Defendant was seated in the C and the front stairs located in Seo-gu Busan, Busan, and carried out dialogue with D on April 16, 2020, and the victim E (ma, 60 years of age) who is the seat of D was in dispute with D due to the supply and demand of basic living costs, and caused injury to the victim due to the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on the occurrence of an injury, and a photograph of the victim's body;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the defendant has caused bodily injury on the ground that he or she was faced with a face of the victim by cigaretteing. In light of the circumstances and methods of the crime, the crime is very bad.

However, the defendant shows the attitude of recognizing and opposing the crime, the fact that the defendant agreed with the victim in the investigation stage, the fact that the aged is favorable to the defendant, and the defendant's character and character environment, the motive and means of the crime, and the circumstances after the crime, etc. shall be comprehensively considered, and the punishment shall be determined as ordered by the order, taking into account all the kinds of sentencing conditions