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(영문) 부산지방법원 2019.11.26 2019고단3664
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a resident of Busan Jin-gu B apartment, and the victim C(55 years of age) is the head of the above apartment management office.

On June 18, 2019, the defendant explained the situation that the victim would not pay management expenses as a lien as a result of the lien, but sent text messages demanding the payment of the re-management expenses. However, the defendant sent the text messages to the victim, which is a dangerous object that the victim was found in the above apartment management office, according to the hand hand of the victim, and the victim was spited into the victim's face, and the victim was spited into the victim's face and spited into the victim's face, and the victim was spited into the victim's face.

As a result, the defendant carried dangerous things with the victim about two weeks' medical treatment, and caused damage to the victim's inner flag and other fingers' inner flag and power flag.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range];

2. It is so decided as per Disposition by taking into account the following factors: (a) the likelihood and background of the crime, the method and degree of damage, the degree of his behavior, and the power of the crime, which appears to have committed contingent crimes, in a timely and rapid manner; and (b) the motive and background of the crime.

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