logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.07.23 2019고단2461
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[criminal power] On February 16, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Busan District Court on February 14, 2018 and completed the execution of the sentence.

【Criminal Facts】

On June 3, 2019, the Defendant: (a) around 16:40 on the street in front of the C Association located in the Busan Youngdo-gu, Busan, and (b) on June 3, 2019, the Defendant: (c) sent a bicycle to the victim D (the 69-year-old) without any justifiable reason, “I n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and investigation reports (victimd phone calls);

1. Seizure records;

1. The victim's photograph, investigation report (in relation to the submission of the victim's DNA diagnosis report), - The diagnosis report;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning inquiry reports and personal confinement status;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range];

2. Circumstances that are disadvantageous to the decision of sentence: The defendant is not well aware of the fact that he had been punished several times due to an injury, criminal conduct, etc., and he is obliged to engage in repeated crime;

arrow