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(영문) 부산지방법원 2019.10.17 2019고단3879
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 3, 2019, the Defendant, at around 21:30 on August 21, 2019, performed the alcohol together with the victim D(56 years of age) and the victim's Dong, etc., the Defendant her head was the victim's softencing disease, who is a dangerous object on the Defendant's face, with the victim's wife "I am frightly frightly frightly frightly frightly frightly frightly frightly frightly frightly frightly frightly frightly frightly."

As a result, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to photographs of victims;

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 sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury [Special Contributor] mitigated elements: Non-won of punishment [the scope of the recommended area and the recommended punishment] mitigated area, and four to one year [the range of the recommended punishment corrected according to the applicable sentencing] imprisonment for four months [the range of the recommended punishment corrected according to the applicable sentencing] (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and the applicable sentencing range is set according to the statutory minimum of the applicable sentencing range);

2. Determination of sentence is against the defendant, the full agreement with the victim is reached, there is no record of criminal punishment between the last ten years, and other various sentencing conditions shown in the pleadings of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., shall be determined as ordered.

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