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(영문) 부산지방법원 서부지원 2019.07.18 2019고단693
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 March 25, 2019, at around 01:10 on March 25, 2019, the Defendant heard the desire of the victim under the influence of alcohol, such as “hump gue, brue, brue,” which is a dangerous thing in that place, and putting the victim’s head head part at three times, and put the victim’s head part above the next part of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs, photographs (plastic chairss who are dangerous objects), investigation reports (Submission of victim's D diagnosis reports), and investigation reports;

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. 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 [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year, and community service for 80 hours, the crime of this case is considerably serious injury to the defendant who gets the head of the victim who made a sexual appearance as his/her will, and the nature of the crime is not somewhat weak in light of the circumstances of the crime, degree of damage, etc.

On the other hand, the defendant was committing the crime of this case, and the victim was not punished.

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