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(영문) 부산지방법원 2019.10.16 2019고단3773
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On August 15, 2019, at around 17:50 on August 17, 2019, the Defendant expressed the victim D (the 67 years of age) and her desire to drink while drinking alcohol with the victim at the fourth floor of the Busan Youngdo B building, and the victim expressed the victim’s desire to “Pech, bitch fch fch fch fch fch fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech fech feb feb feb fech feb feb fec.).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation report (the interview with the doctor in charge of causing damage to the victim), investigation report (the telephone conversation of the victim and the confirmation of the degree of damage);

1. Application of each statute on photographs;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: One year of imprisonment with prison labor, three years of suspended sentence, and the crime of this case where the defendant was a shouldered so that the victim's head and the neck may be threatened with the life of the victim, and the punishment is very serious.

However, the accused is divided.

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