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(영문) 부산지방법원 2019.06.19 2019고단1614
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

At around 01:50 on March 31, 2019, the Defendant: (a) prevented the victim E (the aged 49) who drinked alcoholic beverages on the table table B from drinking alcoholic beverages in the “Dju shop” located in Busan B, Busan, B, and underground first floor, on the ground that the victim E (the aged 49) would be bad; (b) during that process, the Defendant called “Isk and Hask’s Hask’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’

As a result, the defendant carried dangerous objects and carried them, which is impossible to identify the days of treatment, two parts of the body, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes on police statement to E;

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 for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of the punishment [the scope of the recommendation area and the recommended punishment], reduction area, imprisonment for four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is in accordance with the law); and

2. Determination of sentence: Decision shall be made as per the text, taking into account the fact that the victim has agreed without being injured and has reached an agreement with the victim, and taking into account the defendant's age, character and conduct, environment, motive and background of the crime and circumstances that conditions for sentencing, such as circumstances after the crime, etc.

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