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(영문) 부산지방법원 서부지원 2019.09.26 2018고단2485
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 22 years of age) and the victim B.

On March 8, 2011, the Defendant, around 18:30 on March 18, 201, sent the victim’s face and body several times due to drinking and shot, on the ground that the victim tolds that he was the her he/she was the her. On the other hand, the Defendant left the victim’s head one time due to a small-scale illness, which is a dangerous object at the same time.

As a result, the defendant carried dangerous things with the victim and inflicted bodily injury on the two sides, which requires treatment for about three weeks.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of an injury diagnosis certificate and Acts and subordinate statutes governing victim photographs;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: A year of imprisonment with prison labor, the Defendant did not make any effort to recover damage after March 8, 201, which was the date of the instant crime, and on November 6, 2018, the Defendant was well aware of the content of the instant case upon investigation by the police, but is still unknown. In addition, the sentence shall be determined as ordered by the order, comprehensively taking into account all the sentencing conditions indicated in the instant records, such as the following: (a) the extent of the Defendant’s violence or injury; (b) the circumstances following the instant crime; and (c) the Defendant’s age, happiness, and health condition.

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