(영문) 부산지방법원 2020.04.06 2019고단3892

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(영문) 부산지방법원 2020.04.06 2019고단3892

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2019, at around 22:50, the Defendant was the victim D (year 44) who was under the influence of alcohol in front of the “C Bank Campdong Branch” located in Busan Jin-gu B, Busan, and was the victim's head due to a small-scale disease, which was a dangerous object on the Defendant's own floor.

As a result, the defendant carried dangerous objects and carried them, thereby making it impossible to identify the days of treatment.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Images of the suspect, victim, and photograph of the criminal tools;

1. Statement in the police statement concerning D;

1. Application of CCTV video CDs-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Articles 10(2) and (1) and 55(1)3 of the Criminal Act for mitigation of mental disorders;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury [the person in special form] mitigated elements of the special injury (the person in special form] and the person in special form: the scope of the recommendation area and the person in special form] [the scope of the recommendation area and the person in special form] mitigation area, four months to one year [the scope of the recommendation punishment revised according to the applicable sentences] imprisonment for six months and one year (the minimum of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentences, and the minimum of the applicable sentences in law are different from the applicable sentences).

3. Determination of sentence: Sentence 6 months shall be imposed in consideration of the fact that the defendant was under the influence of alcohol and mental illness and the crime of this case in a state of mental disorder, even if considering the fact that the defendant was under the state of mental disorder, no recovery from damage was made at all, and the fact that the defendant was under the influence of a disturbance in court

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