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(영문) 부산지방법원 2021.01.27 2020고단4705

특수상해

Text

A defendant shall be punished by imprisonment for six 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 November 2, 2020, the Defendant continued to board the victim D (51 taxes) and card play (hululule) at the office located in the Geum-gu, Busan (2020, Nov. 2, 2020, the Defendant laid down the part of the victim's head with plastic chair, which is a dangerous thing in the location of the victim, one time, and put the victim into the part of the head in the number of days of treatment.

Summary of Evidence

1. Statement made by the police against D in court by the defendant;

1. Application of Acts and subordinate statutes governing the bodily injury of a victim, photographs of the victim, on-site photographs, etc.;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable damage therefrom: In the event that the mitigated area of punishment is mitigated, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where 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 thus, the statutory applicable sentencing range is set according to the minimum limit of the applicable sentencing range);

3. Determination of sentence: The Defendant recognized the instant crime and agreed with the victim; on the other hand, the instant crime was committed on the ground that the Defendant simply gets the head of the victim on the ground that the Defendant was infinite; the Defendant was sentenced to imprisonment and fine several times for violent crimes; and the Defendant’s age, sex behavior, environment, motive and background of the crime, and circumstances after the crime were taken into account.