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(영문) 부산지방법원 2020.11.19 2020고단3592
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

At around 00:20 on June 8, 2020, the Defendant visited the victim as a customer on the nearby packaging Ba-gu, Busan, the Defendant: (a) sent drinking on the next table to the Defendant’s arms; and (b) the victim C (Nam, 57 years of age) who was drinking on the next table, sent the door to the Defendant’s arms, and (c) sent the Defendant “whether the Defendant she was unsatisfing or female sating,” and (d) sent the victim’s head head one time by gathering the disease, which is an object dangerous to the victim’s table, and caused the victim’s injury, such as “du open wound,” which requires a medical treatment for about 21 days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written diagnosis of injury, on-site photographing 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 to mitigate small amount;

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 [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution one year, and community service order (80 hours) in light of the contents of the instant crime, the accused’s liability is not minor;

However, it is advantageous to the fact that the defendant has no criminal history exceeding the fine, the degree of injury of the victim is relatively not more severe, and the victim does not want the punishment against the defendant by mutual consent with the victim.

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