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(영문) 부산지방법원 2018.10.18 2018고단3664
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 July 31, 2018, the Defendant inflicted injury on the victim’s face while drinking alcohol within “C” located within “C” in Busan Jingu, Busan, on July 31, 2018, on the ground that the victim’s face, which is a dangerous and dangerous thing, was taken to drink the victim’s face, and caused injury to the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Investigative report (in relation to the injured party's wife), investigation report (in relation to the injured party's wife's body and photographs attached to the injured party after treatment);

1. Application of Acts and subordinate statutes to a report on investigation (on-site investigation, etc. at the time of dispatch);

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 (see, e.g., Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da

1. Article 62(1) of the Criminal Act of the suspended execution (the following factors are stated as the grounds for sentencing, etc.)

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Where the sentencing guidelines are applied [the scope of recommended punishment], the scope of special injury and repeated injury, the mitigation area of Category 1 (Special Bodily Injury) (4 months to 1 year), the punishment not for the person subject to special mitigation (including serious efforts to recover damage), or considerable damage has been recovered;

2. Although it is necessary to take a serious measure as to the fact that the defendant who was sentenced to a sentence of punishment has inflicted an injury upon the victim's face due to an illness, he/she may make a confession of all the crimes by the defendant, repent his/her mistake in depth, and the degree of injury by the victim is serious.

The sentencing should be decided as ordered by taking into account the fact that it is difficult to see, the fact that the victim has agreed smoothly with, and the age, criminal records, etc. of the defendant.

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