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(영문) 서울동부지방법원 2020.05.27 2020고단765

특수상해등

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:00 on Nov. 3, 2019, the Defendant suffered injury by special injury: (a) the victim C (the age of 48) who was born before and after the Songpa-gu Seoul Songpa-gu Seoul (the age of 48) and D were said to have been in dispute with the victim; (b) the victim’s chest, neck, and distribution were taken once again due to drinking, and (c) the victim’s chests, neck, and distribution were laid down on the head of the victim’s body, which is a dangerous object under the above road’s roadside, and caused injury to the victim for the number

2. The injured Defendant continued to walk her her m, her m, and her m, at the time and place specified in paragraph (1) on the same ground, left the her m, taken the head of the her m, taken the her m, walking the her m, and sustained injury to the victim by taking the her face of the victim on the m, and by taking the her face on the m

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. On-site photographs and photographs of each damage therefrom;

1. Application of the Act and subordinate statutes to a investigative report (CCTV verification), investigation report (CCTV image verification);

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six months to seven years;

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

(a) Crimes No. 1 (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm): Reduction element: Reduction element of punishment (in the area of recommendation and recommendation range), mitigation range of punishment (in the area of recommendation and recommendation range), month of imprisonment and one year;

(b) A reduction element of a general injury [type 1] general injury (special person): A reduction area of a punishment not (a recommendation area and a recommendation range) and a reduction area of a punishment not (a recommendation area and a recommendation range), two months to ten months of imprisonment;

(c) Standards for handling multiple crimes shall be met;