특수상해
(a) order the recipients and the community service work of 240 hours;
Seized bricks (10cm*10cm, No. 1) shall be confiscated.
A. On March 9, 2020, the Defendant: (a) around 10:45 on March 10, 202, the victim D (the age of 63) who was prior to drinking in front of the C cafeteria located in Seodaemun-gu Seoul, and the Defendant, on the ground that the victim did not go to the death, damaged the victim’s right side part of the wall (a 10cc x 10cc x 10cc x 10cc 1) which is a dangerous object that the victim gets in front of the cafeteria; and (b) on the ground that the victim did not go to the death.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Photographs, damaged part photograph, and opinion;
1. Application of the existing legislation of seized bricks (10cm*10cm*10cm, No. 1)
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. Article 62 (1) of the Criminal Act;
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of punishment by law: One to ten years of imprisonment;
2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types]. Special injury, repeated injury (special person in the form of Type 1] special injury (special person in the form of punishment] - mitigated elements: In the area of reduction [the scope of the recommended sentence and the recommended sentence], imprisonment for four months to one year (the scope of the recommended sentence corrected according to the applicable sentencing guidelines], one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable applicable sentencing range, and therefore the applicable sentencing range is set according to
3. In the case where the decision of sentencing prices two parts of the human body, which are dangerous things of the defendant, the main body of the defendant. The act itself is very dangerous, the physical and mental suffering suffered by the victim seems to be very high, and the criminal records of the defendant are very high enough to punish the defendant, it is an element of sentencing disadvantageous to the defendant.
However, the sentencing is favorable to the defendant, such as the fact that the defendant seems to have recognized the crime of this case and to reflect it, and that he has received a letter from the victim.