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(영문) 부산지방법원 서부지원 2019.09.05 2019고단59
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 December 12, 2018, the Defendant: (a) 22:05, around December 22, 2018, the Defendant, under the influence of alcohol at a restaurant C, which is located in the Busan Seo-gu B, and without any reason, went to an empty ward, which is a dangerous object for head of the victim D (age 38) who was in the workplace where drinking together without any reason; and (b) caused two weeks of injury to the victim, such as an open wife, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs;

1. A medical certificate;

1. A report on investigation;

1. Application of Acts and subordinate statutes to investigation reports (verification of counter-species, etc.);

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 punishment by law: Six months to five years;

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 [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], imprisonment 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 set according to the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years (unfavorable circumstances). The crime of this case is not likely to be a crime of causing bodily injury to the victim due to the illness of the defendant, which is a dangerous thing, due to the face of the victim.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The victim shall not want the punishment of a defendant in agreement with the victim.

The defendant has no power to be punished heavier than a fine.

The degree of injury is relatively heavy.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and circumstances after the crime.

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