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(영문) 부산지방법원 동부지원 2021.02.25 2020고단2046
특수상해
Text

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

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 8, 2020, at the entrance of the 1st floor of Busan Metropolitan City Shipping Daegu apartment C apartment, the Defendant used a fire extinguisher ( approximately 40cm in total, approximately 11cm in diameter), which is a dangerous object kept in the same place under the influence of alcohol, and caused the victim to be fit for the face of the victim B (age 24 years in length) to the upper end, and caused approximately two weeks of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the internal investigation report (on-site conditions, etc.), investigation report ( CCTV at the scene of occurrence), and report on internal investigation (Submission of an injury diagnosis report) in the B’s written statement;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 32 (1) 2 and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment [the type] [the scope of the punishment [the scope of the recommended punishment and the scope of the recommended punishment changed according to the sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range] - The main grounds for suspension of execution [the grounds for suspension of execution] - Special Bodi Bodi Bodi Bodi Bodi (including a serious effort to recover damage] - In cases where punishment is not imposed (including a serious effort to recover damage) or considerable damage is recovered, [the scope of the recommended punishment area and the scope of the recommended punishment] reduced area, April to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] 6 months to one year (the minimum limit of the applicable sentencing range recommended in the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable sentencing range] - The main grounds for suspension of execution: The sources of punishment (including a serious reason for suspension of execution) -

3. Determination of sentence: Imprisonment with prison labor for eight months and two years of probation, as follows, the age, sex, environment of the defendant, and the motive, background, and means of the instant crime.

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