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(영문) 부산지방법원 2020.08.19 2020고단1092
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, 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 February 5, 2020, the Defendant: (a) around 23:45, at the main point of “C” located in the Dong-gu, Busan, Dong-gu, and (b) at around 23:45, the Defendant, knowing that he had a common sense, talked with the victim D (the age of 45) and drinking, and divided conversations; (c) but (d) the head part of the victim’s head was cut back once as a steel manufacturer who was located there.

As a result, the Defendant carried a dangerous product with the victim, who was in need of approximately two weeks of medical treatment, and inflicted an injury on the victim, such as the “dup open room.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to on-site and in-depth photographs and death diagnosis reports;

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

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. 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. In light of the motive, background, and degree of damage of the sentence of sentence, the nature of the crime is inferior, and the fact that the damage was not recovered is disadvantageous.

However, in consideration of the fact that the defendant is seriously against the defendant, the degree of injury is minor, and there is no significant penalty power, etc., the defendant shall be placed in one time, but the punishment shall be determined as ordered in consideration of the defendant's age, character and conduct, environment, circumstances after the crime, etc.

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