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(영문) 부산지방법원 2021.02.03 2020고단4937
특수상해
Text

A defendant shall be punished by imprisonment for 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 November 16, 2020, at the office of the C Co., Ltd. located in Busan High-gu B and the third floor around 11:50 on November 16, 2020, the Defendant mentioned the Defendant and discussed liability with respect to the Defendant by dismissing the victim D ( South, 42 years of age) working in the above company.

I think, I had a Dol (45 cm in length) which is a dangerous object that was in custody of the defendant's vehicle, and find in the above office the victim was in the above office, and had the above Dol-ri Dol-ri Dol-ri Dol-ri, and had the victim avoided it, and again caused the victim's head Dol-ri Dol-ri Dol-ri Dol-ri on one occasion.

As a result, the defendant carried dangerous things with the victim, thereby undermining the personality of the two skins that need to be treated for about two weeks.

Summary of Evidence

1. Each statement of the police with respect to the defendant's legal statement D, E, and F;

1. Application of the Acts and subordinate statutes to the scene of seizure records and the list of seizure and the photograph of tools and photographs of damaged parts;

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 on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury (including the scope of the recommended punishment) or considerable damage therefrom: In the event that the mitigated area of punishment is mitigated, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where 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 thus, the statutory applicable sentencing range is set according to the minimum limit of the applicable sentencing range);

3. Determination of sentence: The accused is against the recognition of the instant crime; the victim directly appeared in the court and stated the Defendant’s wife; and the primary offender who has no criminal history;

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