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(영문) 부산지방법원 서부지원 2019.07.11 2018고단2745
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 04:45 on December 4, 2018, the Defendant was under the influence of driving and drinking, such as the victim D(24 years of age) in the Busan Shodong-gu, and C 1 room, but the victim did not hear about the past of the Defendant’s husband, but the victim was under the influence of the victim, and the victim was under the influence of the victim, who was under the influence of the victim, and was under the influence of the victim, who was under the influence of the victim’s head as a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes concerning injuries and field photographs;

1. Article 258-2(2) of the Criminal Code as stated in the indictment under Article 258-2(1) of the Criminal Code as to the crime is obvious that it is a clerical error, and such correction is made accordingly.

Article 257(1)

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Services Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] Special Injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommendation area and the recommended punishment], reduction area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing], imprisonment for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years (unfavorable circumstances)

The defendant has a record of being subject to juvenile protective disposition due to multiple violent crimes.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

The defendant shall agree with the victim.

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