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(영문) 부산지방법원 2020.02.18 2019고단4774

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

around August 2013, the defendant worked as the director general of the bureau with the fourth year interest of sexual surgery and major in the C Hospital located in Busan Dong-gu, Busan, and the victim D(26 years of age) is a person who worked for one-year major in the above hospital at that time.

At around 14:00 on August 17, 2013, the Defendant: (a) gathered 8 majors, including the victim, on the ground that the victim was frequently engaged in his/her ordinary duty and did not make a report related to his/her duties in a foreign country, and (b) laid off 8 majors, including the victim, on the floor, the Defendant laid down the victim up the victim up to the right angle, and (c) made the victim up the victim up to the floor, and (d) made the victim’s alkin-aluminium substance spuck and tacks of the victim up to 7 times.

As a result, the defendant carried dangerous things and carried them to leave the victim's place of treatment, which can not be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photographs of the body part of the victim;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range];

2. It is so decided as per Disposition in full view of the following: (a) the initial crime is the sentence; (b) the mistake is against each other; (c) the motive and background of the crime; (d) the method and degree of damage;