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(영문) 서울중앙지방법원 2020.09.23 2020고단5654

특수상해

Text

A defendant shall be punished by imprisonment for six 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

At around 19:20 on March 10, 2020, the Defendant: (a) 19:20, the victim D (the 23-year-old age-old) who met each other’s body on the alleyway in front of the Ccafeteria in Dongjak-gu Seoul Metropolitan Government, was placed in his own clothes, and the victim followed the victim up to the back of the exit 2 E Station in the vicinity of the E Station No. 2 in the vicinity; (b) kid by gathering bucker on the left hand in the process two times in total; (c) 3 times in total, walking the part of the victim’s clothes and 15-day treatment, and caused the victim’s injury, such as the opening of the body, etc., on the mouth that requires treatment for about 15 days.

Accordingly, the Defendant carried a tampler, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The criminal place;

1. A report on the occurrence of violence;

1. Video-recording images of CCTVs in the vicinity of the fire-fighting structure reporting case and in the E-ray E-ray 7);

1. One copy of the video recording CDs on the site of the case;

1. Investigation report, on-site inspection, and the analysis of the act of assaulting suspects through CCTV images - one copy of CCTV video CDs;

1. Provision of financial information on the F Bank;

1. Investigation report, confirmation of the status of victims and consultation related to agreement;

1. Investigation report (to hear statements from a victim's telephone);

1. Photographs of the escape of the defendant;

1. Damage photographs;

1. Investigative report, submission of a certificate of injury diagnosis and change of the name of the suspect A to the crime victim - Application of each injury diagnosis letter to statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] and the scope of the recommended punishment [the category 1] special injury [the special person] and the factors to mitigate the injury (including a serious effort to recover the damage) or considerable damage (the scope of the recommended and recommended punishment], and the mitigated area of imprisonment with labor for April to one year.