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(영문) 부산지방법원 2020.01.15 2019고단5955
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who was in a relationship with the victim B (n, 59 years of age).

On November 1, 2019, at around 23:05, the Defendant, at the “D” waiting room for the victim’s operation located in the Busan Young-gu, Busan Young-gu, on the ground that, while drinking alcohol with one victim and one singing room employee, the Defendant told the Defendant that “the Defendant was “the Defendant,” “the Defendant,” the Defendant, while taking a bath to “the Defendant,” the Defendant was booming the beer and the beer having entered the beer, which was on the victim’s face, on the part of the victim’s face while holding the beer and the beer having been on the beer’s face. At the same time, the Defendant continued to gather one beer, which was a dangerous object on the table.

As a result, the defendant carried dangerous things and inflicted bodily injury on the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate);

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 for discretionary mitigation;

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

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (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 therefore the applicable sentencing range is in accordance with the law); and

2. Determination of sentence: A favorable condition is that the defendant's injury to the victim is highly dangerous because of being a beer's disease, but there was no recent violent crime, and that the victim did not want the punishment against the defendant.

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