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(영문) 서울중앙지방법원 2020.06.11 2020고단2426

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who was a student of the Gangnam-gu Seoul Metropolitan Government “C”.

On January 21, 2020, at the fourth floor office located in Gangnam-gu Seoul on January 21, 2020, the Defendant spreaded hot coffee, which is a dangerous object carried by the Defendant, to the victim D, who is an employee of the above company, and sprinked the victim’s face three times by hand, and took two times by hand, the victim’s face was hicked by backing the victim, but the victim was hicked by hand, and the victim was injured by the victim, who is a dangerous object at that time, and the victim was hicked by approximately two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of victims and on-site photographs;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

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

1. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the range of the recommended punishment corrected by the applicable sentencing range] imprisonment from six months to one year (the lowest limit of the applicable sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range in law, so the minimum limit of the applicable sentencing range of the recommended punishment in law is inconsistent with the applicable sentencing range).

2. The nature of the crime in light of the content, method, etc. of the crime in this case, which inflicted an injury on the victim by carrying dangerous items that may be sentenced to punishment;