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(영문) 부산지방법원 2020.04.28 2019고단4074
특수상해
Text

A defendant shall be punished by imprisonment for 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 July 4, 2019, at around 21:50, the Defendant met the victim D(64 years of age) and the age problem, who carried out an alcoholic beverage by fluoring together with the Defendant, with a beer's face, which is a dangerous object on the table.

As a result, the defendant carried dangerous objects and carried them, which could not be identified the number of days of treatment, the victim was laid the body.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Investigation report ( telephone conversations in the emergency room of the F Hospital), investigation report ( telephone conversations between persons for reference);

1. A written confirmation of outpatient treatment;

1. Application of photographic Acts and subordinate statutes, such as victims;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable)

3. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution one year, and the defendant of a community service order (80 hours) has taken care of the victim's face by beer illness, and has taken care of the victim's face to the extent that he/she needs to sum his/her salary, and the responsibility for such crime is not easy.

However, considering the favorable circumstances that the defendant does not want the punishment of the defendant by mutual consent with the victim, and that the defendant has no criminal records exceeding the fine, it shall be considered that the defendant has no criminal records.

(b) other.

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