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(영문) 부산지방법원 서부지원 2020.01.16 2019고단2676
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

On November 28, 2019, at around 19:10, the Defendant: (a) went to drink together with the victim D (60 years of age) and E, a resident of the above apartment complex, which was known to the Defendant, at the time of his residence; (b) attempted to drink with a son at the time of his/her residence; (c) did not follow it; (d) did so; and (e) did so to go back to E, and (e) did not go so; and (e) did so to do so, he/she did so to go back to E; and (e) did so by getting the above son at the time of his/her residence; and (e) cut it down by getting off to the front part of the Defendant at the time of his/her injury; and (e) by putting the part at hand the entrance of the said son’s disease, the victim frighted the victim, and fright the victim’s left part, and fright the victim’s left part and the left part of the son and the left part of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (field photographs), investigation reports (related to opinions of the doctor in charge at the time of emergency medical treatment of the victim), investigation reports (related to attachment to the place of initial medical records, etc.);

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (including a special person) special injury [including a serious effort to recover damage] mitigation elements: The mitigated area (the recommended area and the scope of recommendation types] mitigation area, the imprisonment with prison labor for four months to one year [the scope of recommendation types corrected by the applicable sentences] where the lower limit of the sentencing range recommended by the sentencing guidelines for one year is inconsistent with the lower limit of the applicable sentences under law, so the lower limit of the applicable sentences under law is inconsistent with the lower limit of the applicable sentences.

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