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(영문) 부산지방법원 2020.07.22 2020고단2061
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 April 24, 2020, at around 00:05, the Defendant took a half of the victim D (year 47) and drinking in the C cafeteria located in Busan Jin-gu B, Busan, the Defendant saw the victim to see half the half, and saw the victim to take out of the cafeteria to smoke, which is a dangerous object to avoid tobacco, and led the victim to stimulated the two skins of the victim.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim during treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of victim photographs, plastics photographs, field photographs and Acts and subordinate statutes;

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 (decision of types) for violent crimes: Special injury, repeated crime [Type 1] special injury [the scope of the recommended area and the recommended punishment] mitigated area (the scope of the recommendation area and the sentenced punishment], four months to one year (the scope of the recommended punishment corrected according to the sentencing guidelines) shall be sentenced to six months to one year;

2. Determination of sentence: Imprisonment with prison labor for six months and one year of suspended sentence (the sentence shall be determined as ordered in consideration of various circumstances as shown in the records of this case, such as the defendant's age, character and conduct, family environment, motive and means of the crime, and circumstances after the crime, etc.).

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