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(영문) 부산지방법원 서부지원 2019.10.08 2019고단1293
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

At around 01:00 on November 24, 2018, the Defendant: (a) around 01:00, at the “Csing room” located in the Busan Singu, and (b) around 200, the Defendant: (c) around 01:0, while drinking the victim D (the age of 36) and alcohol that had previously been paid as a workplace club; and (d) on the ground that the victim’s refusal to hear was repeated; (b) caused a beer’s disease, which is a dangerous object on the table, and (d) caused the victim’s head to undergo approximately 2 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of medical certificates, a detailed statement of handling 112 reported cases, the field, and Acts and subordinate statutes on the part of damage;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for one year, the defendant commits the instant crime against his misunderstanding while making a confession.

On the other hand, the defendant has been punished for violent crimes several times, and on February 22, 2018, the defendant was sentenced to a two-year suspended sentence in six months of imprisonment for the same crime, and committed the crime of this case, even though he was sentenced to a two-year suspended sentence, and even though he was relatively serious injury to the victim, the damage was not recovered at all.

In full view of such circumstances and the circumstances after the crime of this case, the victim's injury degree, and the defendant's age, happiness, health status, environment, etc., the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions indicated in the records of this case.

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