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(영문) 부산지방법원 서부지원 2018.11.20 2018고단944
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2018, the Defendant: (a) around 12:16 on April 27, 2018, 2018, the Defendant pushed the victim’s chest on the ground that the victim D (76 years of age) 314-dong Emba-gu Busan apartment building 314 used this bath; and (b) laid down the victim’s chest over the floor by cutting away the stick (1.3 meters in length) of plastic material, which is a dangerous object being used by the victim, and laid down the head of the victim’s hair and carried out the part of the victim’s hair, which makes it impossible for the victim to know the number of days of treatment.

On May 28, 2018, the Defendant 13:20 on May 28, 2018, 13:20, the Defendant used and stolen the wheels owned by the victim at the residence of the victim E (V, 62 years old) of the 301-dong 301-dong 301, Busan, Busan, for the first time.

Summary of Evidence

"2018 Highest 944"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

1. Domination of the upper part of the body and on-site photographs of the upper part of the body, 2018, 1319;

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on occurrence (including violence, etc.) and investigation reports;

1. The application of the 112 Report Processing List, CCTV image duplic, etc., field photographs, and the application of Acts and subordinate statutes to victim photographs;

1. Relevant legal provisions of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and Article 329 of the Criminal Act (a point of intention and choice of imprisonment with prison labor) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

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

(a) Type 1 (Special Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily Bodily

(b) No person who is not subject to punishment in the basic area (from April to October) (a person who is subject to special mitigation) of Class 2 (General thief) on general property;

C. The scope of final sentence due to the aggravation of multiple offenses: six months to one year (the lower limit of the punishment recommended according to the sentencing criteria is the legal penalty.

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