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(영문) 서울남부지방법원 2020.06.17 2020고단593

특수상해

Text

A defendant shall be punished by imprisonment for one year.

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

On January 5, 2020, at around 05:30 on January 5, 2020, the Defendant left the head of the victim's room at 3 times in the Dnonoro bank operated by the victim C (5 years of age) located underground floor of the Yeongdeungpo-gu Seoul Metropolitan Government (5 years of age) with a view to charges, etc., on the ground that the victim and the trial were influence with the victim, and on the other hand, the head of the victim was fluence (15cm in length, 5cm in width).

Accordingly, the defendant carried dangerous goods and carried them, thereby making it impossible for the victim to know the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

1. Application of the photographic Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: One year of imprisonment with prison labor, two years of suspended sentence: The number of criminal records of an act of violence or fine; the degree of damage (see, e.g., photograph 15 of the evidence record) is contrary to the circumstances favorable to the point of serious damage; the act of this case is committed in a contingent manner under the influence of alcohol by a person who is requested a higher alcohol value than the alcohol value to be calculated by the victim; and on May 29, 2020, the agreement with the victim was reached on May 29, 202.