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(영문) 서울북부지방법원 2020.06.19 2020고단753

특수상해

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

At around 00:50 on January 4, 2020, the Defendant: (a) 1st underground floor in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) while drinking alcohol together with the victim D (Name, 35 years of age) and the son; (c) on the ground that the victim took a bath, the Defendant inflicted an injury on the victim, on the part of a beer who was a dangerous object on the table, resulting in the victim’s left part and part of the beer, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Extent of the recommended sentence according to the sentencing guidelines (determined of types) of violent crimes, the special injury, the injury by repeated offense and the injury by repeated offender (including any serious effort to recover damage): Reduction element of punishment (including the area of recommendation and the scope of recommendation): Reduction range), reduction range (the scope of recommendation range and recommendation range), period of four months to one year (the scope of recommendation range corrected by applicable sentences) by imprisonment for six months and one year (where the lower limit of the range of punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences, the lower limit of applicable sentences in law shall prevail according to the statutory applicable sentencing range).

3. The Defendant, while making a decision on the sentence of sentence, brought an injury to the victim, such as Maternal Heat (third parts) requiring approximately three weeks of medical treatment to the victim due to a Maternal injury, which is an dangerous thing, while engaging in a dispute with the victim;

이 사건 범행에 사용된 도구의 위험성이 매우 크고, 피해자가 즉시 병원으로 이송되어 15바늘을 꿰매는 수술을 받는 등 피해자가 입은 상해의 정도도 가볍지 않다.

The Defendant has been punished twice by a fine for the crime of interference with business in 2016 and 2017.

Meanwhile, the Defendant committed the instant crime.