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(영문) 부산지방법원 서부지원 2018.10.26 2018고단1730
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2018, at around 15:30 on August 21, 2018, the Defendant: (a) purchased one Doriri from the “F metal store” near the 17:00 on the same day; (b) purchased one Doririri from the “F metal store” near the 17:00 on the same day; and (c) sought another Doririri in the said restaurant at around 19:08 at around 19:08 on the same day, the Defendant took a bath to other customers, and took a bath to other customers; and (d) opened the victim E (46 cm) who was aware of the victim’s appearance from the above restaurant; (e) opened the Dori (37cm in length, 2.3cm in length, and 3cm in length) which is a dangerous thing behind the victim; and (e) opened the victim’s two Doririth to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A protocol of seizure and a list of seizure;

1. A copy of medical records;

1. Each investigation report (referring to the network purchasing unit, CCTV image analysis, and opinion sheet);

1. Application of the Acts and subordinate statutes to each photograph (or tools of crime, and part of injury);

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 on the stay of execution (see, e.g., conditions favorable to the following grounds for sentencing):

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The statutory penalty for the crime of special injury of this case, in which there is no basic area (six months to two years) (the person who is subject to special sentencing) in the basic area (six months to two years) of the injury of a special injury or repeated crime according to the sentencing guidelines, is between one year and ten years.

2. The fact that the defendant's decision of sentencing is divided by mistake, the circumstances leading to the crime of this case, the deposit of some amount for the recovery of damage, the relation with the victim, the degree of damage, the defendant's opportunity to reflect by living in custody for a approximately two months, and the records of the crime (related to violence).

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