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(영문) 부산지방법원 서부지원 2020.05.19 2019고단2301
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 3, 2019, the Defendant, at around 21:20, performed the alcohol with the victim D(66 years of age) in the front table of the “C” located in Seo-gu Busan, Seo-gu, Busan. On September 3, 2019, the Defendant, on the ground that only the Defendant was a assault case between the Defendant and the victim, on the ground that the Defendant was impreciated, on the ground that the Defendant was impreciated, on the ground that the Defendant was impreciated with the Defendant, and that the Defendant was impreciated, which was a dangerous object on the above table, and caused the Defendant’s injury to the right part

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes to on-site photographs and damaged parts 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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury by special injury and repeated crime [the person in special form] the special injury [the person in special form] - the mitigated element: the mitigated element (including serious efforts to recover damage) or a considerable part of damage, [ the scope of the recommended sphere and the scope of the recommended punishment] mitigated range, the imprisonment for four months to one year [the scope of the corrected recommended sentences according to the applicable sentences] one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentences under law, and thus the minimum limit of the applicable sentences in law] [the person in general form] mitigated factors: serious reflective factors:

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, probation, community service, or crime of this case for 80 hours, where the defendant was dead at the victim, which is a dangerous article, and the criminal liability is not easy in light of the criminal tool, degree of injury, degree of injury, danger, etc., and in particular, the defendant includes imprisonment with prison labor for a series of same crimes.

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