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(영문) 부산지방법원 2019.10.10 2019고단3683
특수상해등
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The excessive one sheet that has been seized (20 cm in total length, 10 cm in length on the day, 10 cm in weight 1).

Reasons

Punishment of the crime

1. Around July 24, 2019, the Defendant assaulted the victim’s full-time injury as an empty disease, which is a dangerous object, on the ground that the victim D (V, 49 years of age) who was drinking alcohol on the side of the road in front of “C” located in Busan Jin-gu, Busan, and was under drinking alcohol on the side while drinking alcohol.

2. 특수상해 피고인은 2019. 8. 14. 01:10경 위 1.항 기재 장소에서 피해자에게 “돌아이야! 병신이야 ”라는 등의 욕설을 하고 피해자와 시비가 되어 주먹으로 피해자의 얼굴을 때리고, 서로 멱살을 잡고 뒹구는 등 몸싸움을 하던 중 바닥에 누워 있던 피해자의 가슴 부위를 소지하고 있던 위험한 물건인 과도(칼날길이 약 10cm)로 1회 찔러 치료일수 불상의 흉부 자상을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the examination of each police suspect against the accused and D;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (in relation to 112 reported cases, attaching detailed statements), investigation reports (in relation to field classification), investigation reports (in addition to photographs related to field classification), and investigation reports;

1. Articles 261, 260 (1) of the Criminal Act (the point of violence with a deadly weapon or the choice of imprisonment) and 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The scope of final sentence due to the aggravation of multiple crimes that are subject to the sentencing guidelines [the scope of recommending punishment] and the scope of final sentence due to the aggravation of multiple crimes that have no basic area (six months to two years) (the basic area (six months to two years) of the injury by special injury and repeated crime) (the scope of recommending punishment] of the basic area (4 to one year), the basic area (4 to one year), (10 months) of the type (the special violence) of six (the scope of recommending punishment] of the crime of violence; six months to two years;

2. The defendant who has rendered the decision of sentence shall make a confession of all crimes;

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