beta
(영문) 서울중앙지방법원 2021.03.17 2021고단309

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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 January 1, 2020, at around 01:30, the Defendant had a son D (son, 28 years of age) and a fluorous fluorous fluor in the Defendant’s residence in Jung-gu Seoul Special Metropolitan City Btel C, and had a fluorous fluor in the process of carrying out fighting with each other, and taken off a fluor, which is a dangerous object inside a travel room ( approximately 32 cm in total length, about 19.5 cm in the blade).

After putting the left shoulder of the victim on a bad hand, the center of the victim's clothes has reached knife once consecutively.

Accordingly, the Defendant carried dangerous articles with the victim, thereby causing injury to the victim, which requires approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. A report on internal investigation (related to the search of a hospital in which the victim is hospitalized), a criminal investigation report (victimD telephone call), an investigation report (related to video transmitted by the victim and the victim's telephone investigation reasons and the victim's video);

1. An injury diagnosis certificate (D);

1. On-site photographs;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] special injury, repeated crime [the category 1] special injury [the scope of the recommended punishment] and the mitigated elements of the punishment [the scope of the punishment [the scope of the recommendation and the recommended factors]: Reduction area; the prison labor for four months to one year [ the scope of the recommended punishment that is modified according to the statutory applicable sentences]; one year from one year from one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory applicable sentencing range; thus, the lower limit of the applicable sentencing range is set according to the statutory applicable sentencing range).

3. Determination of sentence: One year of imprisonment, and two years of suspended sentence, the crime of this case shall be committed by the victim, who is a dangerous article of the defendant;