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(영문) 부산지방법원 2019.05.17 2018고단4620
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around October 2, 2018, the Defendant suffered special injury: (a) around 21:48, 2018, at the D restaurant operated by the victim C (n, 61 years of age) located in the Busan Young-gu, Busan, the Defendant called “the victim’s drinking”; (b) however, the Defendant heard the victim’s speech that “no longer drinking is possible; (c) held the victim’s bath, followed the restaurant table, followed the restaurant table, and took three times in place for the victim’s hand, thereby causing injury to the victim, i.e., taking the part of the victim’s hand, which is suitable for the part of the victim’s hand.

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

2. The Defendant caused the damage to property, such as the statement in Paragraph 1, destroyed the number of steel makers so that the repair cost amounting to KRW 120,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of a medical certificate, written opinion, and written estimate damaged inside a restaurant);

1. Relevant provisions of the Criminal Act, Articles 258-2 (1) and 257 (1) of the Criminal Act, Article 366 of the Criminal Act, the choice of punishment for the crime, the choice of punishment for each penalty, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Special injury (a) and repeated injury (a) and injury by special injury and repeated offense (category 1) and special injury (a scope of recommending area and recommending punishment) and six months to two years, respectively;

(b) Group 2 crime (determination of types) destruction and damage [Class 1] destruction, damage, etc. of property [Special Punishment]: Where actual damage is minor (where the area of recommendation and recommendation range] mitigation area, imprisonment with prison labor for one month or six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: The upper limit of crimes No. 2 shall be from June to February 1.

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