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(영문) 부산지방법원 2019.05.15 2019고단975
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

On March 10, 2019, at around 00:35, the Defendant: (a) deemed the victim D (the age of 43) who works in the middle part of the Busan Central District Court “Camata” as being so drunk, and (b) said D (the age of 43) was under the influence of alcohol; and (c) said D (the age of 43) was a beer, which is a dangerous object on the table of the table.

As a result, the defendant carried dangerous things and carried them to know the number of days of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing victim and on-site 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 (special person in the form of punishment]: Reduction area of punishment [limited to the recommended area and the range of recommended punishment], reduction area, imprisonment for four months to one year [limited to the range of recommended punishment corrected according to the applicable sentencing], one year (in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, the minimum limit of the applicable sentencing range shall be set according to the law applicable sentencing range).

3. Determination of sentence: Decision shall be made as ordered in consideration of the degree of injury, the fact that the victim does not want the punishment against the defendant, and all other circumstances that serve as conditions for sentencing, such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime.

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