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(영문) 부산지방법원 2020.02.05 2019고단5368
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around September 7, 2019: (a) around 07:14, the Defendant listened to the horses that would not sleep from the victim B (the age of 76) from the subway platform of the Busan East-gu, Busan-gu, Busan-do; (b) when fighting each other’s body fights twice the victim’s head head part; and (c) when the victim’s head part of the victim’s head part was 3 times by drinking, the Defendant slicked the victim’s head part in the treatment days.

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

2. At a time and place like paragraph 1, the Defendant stolen the victim’s market price with approximately KRW 30,000,000 on the part of the victim, using the creshers and the victim’s crepits written down on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. The list of seizure and the protocol of seizure;

1. Application of the Acts and subordinate statutes governing photographs of victims and CCTV images;

1. Relevant Article 258-2 (1) of the Criminal Act and Article 329 of the Criminal Act (a point of injury by carrying dangerous articles) to the crime, the choice of punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances shall be considered in light of the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First crime (the area of recommendation and the scope of recommendation): Imprisonment with prison labor for four months to one year;

(b) Second crime (the scope of recommending and recommending punishment): Imprisonment with prison labor for not less than four months to ten months;

(c) Scope of recommendations corrected according to the applicable sentences: Imprisonment with prison labor for not less than six months to not for one year; and

2. Determination of sentence: Six months of imprisonment with prison labor, and the extent of injury of a victim for two years of suspended sentence, but the defendant has agreed smoothly with the victim while reflecting the crime in this case, and the age and extent of the defendant.

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