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(영문) 서울동부지방법원 2020.10.29 2020고단2776

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2020, at around 23:30, the Defendant discovered D (Nam, 49 years of age) a person living together with the victim, who was living together with the victim, who was sitting in the table on the front of Songpa-gu Seoul, Songpa-gu, Seoul. On the same day, the Defendant raised a assault against the victim, and met with the police station on the fact that he was talked with the victim, etc., and caused an influence to the victim's face when the victim's face is met, and caused an influence by drinking, and the Defendant tried to stop the fluoral disease, which is a dangerous object on the table, and then cut off the victim's left part of the victim's body, who attempted to stop it.

As a result, the Defendant used dangerous objects to inflict bodily injury such as the number of days of treatment for the victim's arms, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each investigation report (to hear statements from shots);

1. Application of Acts and subordinate statutes to field photographs at the time of 112 publication;

1. Articles 258-2 (1) and 257 (1) and Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of criminal facts;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, after having left his/her illness, brought his/her arms in a large amount of 5 cm away from his/her arms, and thus, the nature of the crime is bad in light of the method of crime, degree of injury, etc.

On the other hand, the defendant led to the confession of crimes and reflects the mistake.

The victim was living together with the defendant, and does not want to punish the defendant from the investigation stage.

The defendant has been punished by a fine for violent inclinations and has not been punished by a fine more than twice.

In addition, the defendant's age, character and conduct, environment, criminal record and relationship, motive and background of the crime, method of the crime, degree of injury, circumstances after the crime, etc. shall be comprehensively considered, and the scope of recommended punishment according to the sentencing guidelines [decision of type] shall be the injury by special injury and repeated offense [Type 1].