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(영문) 서울동부지방법원 2021.03.18 2021고단47

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 October 19, 2020, around 00:01, the Defendant collected the victim's disease, which is a dangerous object in the Telecommunications table, while going through a dispute with the victim D ( South and 58 years old) who was present at the "C main point" located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and caused the victim's head one time, and caused the victim's injury to the victim's inner part of the number of days of treatment.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D's report on internal photography (C's CCTV image verification);

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 62-2 of the Criminal Act for observation of protection;

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 scope of the recommended punishment] [the type 1] special injury [the person subject to special sentencing] - mitigated elements: Where the mitigated area of punishment (including serious efforts to recover damage) or considerable damage is recovered, [the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range in law is set according to the minimum limit of the applicable sentencing range).

3. Determination of sentence: (a) the fact that the defendant had been punished several times for the same crime, despite the fact that the crime of this case was committed several times due to the same crime, the fact that the nature of the crime was not good; (b) the defendant suffered from mental illness; and (c) the fact that the defendant seems to have caused the crime of this case; (d) the defendant's age, sex, environment, relationship with the victim, motive, means and result of the crime; and (e) other various kinds of sentencings shown in the records and arguments of this case, including the circumstances after the crime.