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(영문) 부산지방법원 2019.05.24 2019고합113

특수상해등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

At around 06:00 on January 20, 2019, the Defendant: (a) prevented the victim D (20 years of age) from disputing male and female in the name of the victim at the main point of “C” located in Busan Jin-gu, Busan; (b) took the part of the victim D head head; (c) took the part of the victim E (20 years of age) by drinking the face of the victim E (20 years of age); and (d) took the part of the victim E (20 years of age) flat, flat the flat; and (d) flat the flat of the flat, which is a dangerous object on the table B of Busan Jin-gu, Busan; and (d) displayed the victim E face of the victim E by the flat disease.

As a result, the defendant carried dangerous articles and inflicted an injury on the victim D on the days of treatment, such as getting the victim from the head's side, and assaulted the victim E by carrying dangerous articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Statement made by the police of the F;

1. CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (as to failure to attach a medical certificate);

1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 of the Criminal Act, and Articles 261 and 260 (1) of the Criminal Act (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes with punishment prescribed for a special injury heavier than punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for six months to seven years;

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

(a) Class 1 crime (Special Violence Decision) (Special Violence) and Category 6 (Special Violence) (Special Violence): Reduction element: Reduction area of punishment and non won [Recommendation area and recommendation scope] mitigated area, and two months to one year and two months of imprisonment;

(b) Class 2 (Special Bodily Injury) (Determination of Punishment).