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(영문) 부산지방법원동부지원 2020.10.29 2020고단1595
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 23:30 on June 13, 2020, the Defendant: (a) while drinking alcohol at the main point of “C” located in Busan-gun, Busan-gun; (b) on the ground that she was called “C” from the victim D (Nam, 42 years of age) who is a customer, the Defendant collected her an empty beer, which is a dangerous object on his/her table, and laid down her head on the part of the victim’s head, and put about 14 days to the victim with her throstosis in need of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports on the written statements prepared D;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of punishment by law: Six months to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] - Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis (Special Contributors): In cases where punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered (the scope of the recommended sentence and the recommended sentence), mitigation area, period of four months to one year [the scope of the recommended sentence corrected according to the applicable sentence] 6 months to one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines in the law is inconsistent with the minimum limit of the applicable sentence in the law, it shall be based on the minimum limit of the applicable sentence in the law] - The mitigated element: The serious reflect [The reasons for suspension of sentence] - The major pride reason for mitigation (including serious efforts to recover damage): General pride: There is no contingent crime, serious reflect, or any previous conviction.

3. Determination of sentence: The following multiple sentencing conditions: imprisonment with prison labor for eight months, the suspension of execution for two years, and the age, character and conduct, environment, motive and circumstances of the instant crime, means and results thereof, and the circumstances after the instant crime.

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