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(영문) 부산지방법원 서부지원 2020.04.08 2019고단2152

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 16, 2019, at around 23:50, the Defendant, on the front of the “C” on which the Defendant works in Busan Shodong-gu, the victim D (the age of 32) who is a workplace partner, and the dispute with the horse, had a hata (the hata, the total length of which is 20 cm, the length of which is 8 cm), which is a dangerous object being kept in the extension team of the extension.

As a result, the defendant carried dangerous things and inflicted injury on the victim, who is in need of approximately four weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. On-site and photographs of criminal tools;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

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

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] - the element of mitigation: In a case where punishment is not imposed (including serious efforts to recover damage), or considerable damage has been recovered, [the scope of the recommendation and recommendation] mitigation area, imprisonment with prison labor for not less than four months [the general person] [the grounds for suspension of execution] - The main reason for suspension of execution: The grounds for suspension of execution (including serious efforts to recover damage) - The grounds for suspension of execution of sentence for general pride: There are no criminal records of not less than suspension of execution.

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended sentence: The degree of injury inflicted upon the victim is not minor. There are records of punishment for the same kind of crime. The favorable circumstances: The defendant's serious reflectivity and behavior, motive, means and consequence of the crime, and other circumstances that form the conditions of sentencing as shown in the pleadings of this case, such as the age, character and conduct of the defendant, motive and consequence of the crime, etc.