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(영문) 부산지방법원 2021.02.03 2020고단4766
특수상해등
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 July 25, 2020, the Defendant, at the dwelling space of the victim D (30 years old) located in the Busan Jin-gu B building B in Busan, Busan, about July 25, 2020, talked about the departure from employment with the victim and talked about the victim’s alcohol.

” 라는 말을 듣게 되자 화가 나, 그곳에 있던 위험한 물건인 끝이 뾰족 하게 부러진 튀김용 나무젓가락을 들고 그 무렵 위 주거지 화장실에서 소변을 보고 있던 피해자에게 다가가 피해자의 좌측 얼굴 부위를 수회 찌르고, 피해자가 쓰고 있던 안경을 위 젓가락으로 찔러 피해자의 안경알과 안경테가 파손되게 하였다.

As a result, the defendant carried dangerous things and inflicted an injury on the victim, such as an open room for about two weeks of medical treatment, and carried dangerous things, and damaged the victim's safety while maintaining it in a way that amounting to KRW 2.50,000 of repair cost.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement report on the police's spawn spawn spawn photo, spawn spawn spawn spawn photo, and the investigation report on the part of the injury

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (the point of inflicting an injury on carrying a dangerous object) of the Criminal Act concerning facts constituting an offense, and Articles 369 (1) and 366 of the Criminal Act (the point of destroying dangerous goods carrying a dangerous object, and the choice of imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) One crime (special injury): The area subject to mitigation of punishment, four months of imprisonment to one year;

(b) Two crimes (damage to special property): Reduction area, imprisonment with labor for one month to eight months;

(c) The scope of punishment corrected according to the punishment by a wife: Imprisonment with labor for not less than six months to not for a year;

2. Determination of sentence: Six months of imprisonment and two years of suspended sentence (the victim's face with the salted fish of the defendant).

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