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(영문) 부산지방법원 서부지원 2019.01.08 2018고단1649
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 12:50 on June 17, 2018, the Defendant collected a shoulder glass bottle, which is a dangerous object, while drinking alcohol together with the victim D(52 years of age) and friendly job offering E, and putting the victim's flab back back to this part of this part where the victim's flab could not know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of statutes, such as site photographs;

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. The range of special injury and injury resulting from repeated crimes according to the sentencing criteria: Type 1 (Special Bodily Harm) (4-1 year) (special mitigation persons) and the area of mitigation (4-1 year): Six months to one year (the lower limit of the sentencing criteria is lower than the lower limit of the applicable sentencing standards set by law, and therefore the lower limit of the applicable sentencing standards shall prevail);

2. The crime of this case, which was sentenced to punishment, committed by the Defendant under the influence of alcohol in a shoulder glass bottle that is a dangerous object, thereby inflicting an injury on the part of the victim D, who may incur a serious injury, in light of the method of the crime, etc., the nature of the crime is not good in light of the method of the crime, and the Defendant had a criminal record of having been punished four times by a fine for the same kind of crime, etc., which is disadvantageous to the Defendant.

However, the sentencing factors revealed in the trial process of this case, such as the confession of the defendant, the fact that the defendant is living against the victim, the degree of injury suffered by the victim seems not to be severe, and the defendant's favorable circumstances such as the defendant's wish not to have the defendant punished by agreement with the victim, and the age, character and behavior, environment, accident circumstance, and circumstances after the crime, etc., shall be determined as ordered.

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