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(영문) 부산지방법원 2019.08.22 2019고단1646
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a friendly child of the victim B (the age of 41).

On February 23, 2019, the Defendant: (a) around 19:55, at the inside of the mother’s residence in literature C, and (b) around 19:55, the Defendant, under the influence of alcohol, took part in the part of the victim’s knife knife for craft, which was a dangerous object under the television without any reason, and was divingd by a knife (23cm in total length, 6cm in length on the day) with a knife, which was a dangerous object under the television without any reason.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement related to B and D;

1. Photographss of damaged parts and knives;

1. Police seizure records;

1. Application of statutes governing the medical record date;

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

1. Mitigation of discretionary mitigation of factors under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1,

1. Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Where the mitigation area (4-1 years), the mitigation area (4-1 years), the punishment not (including serious efforts to recover damage), or considerable damage has been restored to the mitigated area (4-1 years), or considerable part of the sentencing criteria (the scope of recommending punishment), the special injury and the injury by repeated crimes;

2. Although it is necessary to take strict measures with regard to the defendant who has been divingd with a craft knife the defendant's punishment, it is deemed that the defendant committed a contingent crime, that the victim does not want the punishment against the defendant, that there is no record of criminal punishment except the punishment imposed three times by fine, and that there is no age of the defendant's age, mental health condition, etc., in consideration of the defendant's age, mental health condition, etc.

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