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(영문) 서울동부지방법원 2020.01.31 2019고단3597

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 23, 2019, the Defendant: (a) around 20:30 on October 23, 2019, the victim D (manam and 59 years of age) neglected himself/herself at the Cju store located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) taken one time the head of the victim on the ground that the victim D (manam and 59 years of age) neglected himself/herself.

In this respect, the defendant carried dangerous things and carried them with a view to the victim's treatment for a period of two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The investigation report (No. 3) No. 1;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photograph victims;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [decision of types] and the scope of violent crimes; 2. Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis [Scope of Recommendation and Recommendations]

2. Determination of sentence: (a) considering the fact that the method of the instant crime is considerably dangerous; (b) the degree of injury of the victim is not less severe; and (c) considering the unfavorable circumstances that the Defendant did not receive a letter from the victim; (b) the Defendant appears to have committed the instant crime for the last ten years; (c) the Defendant has no record of being punished for the same crime for the last ten years; and (d) other factors of sentencing as shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (c) comprehensively