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(영문) 부산지방법원 2020.11.16 2020고단2848
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 01:30 on January 19, 2020, the Defendant, while drinking alcohol together with the victim D (son and 21 years of age) who was fluorous in the Young-gu, Busan, the Defendant, without any particular reason, dumpeded so that he was faced with a shoulderer’s view, which is a dangerous object, and got about 14 days of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes written in each police statement made to D and E with a statement, and in the video investigation report (Attachment of an injury diagnosis report) of CDs;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. Determination of sentence: Determination of sentence: considering the circumstances favorable to the defendant, such as the confession and reflect of the crime, the fact that the defendant paid 836,000 won to the victim for treatment expenses, the risk of this case is low, the defendant did not reach an agreement with the victim, the defendant was punished twice by a fine, the defendant included the records of punishment as an assault, and the possibility of criticism against the defendant who committed the crime of this case without any special reason. The defendant's age, character, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. are considered as unfavorable to the defendant.

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