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(영문) 서울동부지방법원 2020.06.18 2020고단1238

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 21:40 on March 28, 2020, the Defendant, while drinking with the victim C(the age of 47) while drinking with the victim C(the age of 47), has broken the cement brick, which is a dangerous object on the face, on the floor, and caused the victim's head one time before leaving the head of the victim's head due to a stample.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and photographs submitted by witnesses, and CDs;

1. Application of Acts and subordinate statutes to each investigation report (the sequence 8, 17, 20 of the evidence list);

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Six months to five years from the imprisonment with prison labor for a prison labor;

2. Type 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflicting Persons): Reduction area of punishment: Reduction area of punishment (the scope of recommending punishment): 4 months to 1 year: Imprisonment with prison labor for a period of 4 months: From 6 months to 1 year (the lowest limit of applicable punishment).

3. A sentence of punishment (unfavorable circumstances) has the history of having been already subject to criminal punishment several times due to violent crimes;

The head of the victim was injured by a studio profa, and the circumstances and contents of the crime of this case, the degree of injury, etc. are not less than those of the crime.

【Plue circumstances】 Recognizing the instant crime, he/she reflects his/her mistake.

The victim does not want the punishment of the defendant by mutual consent with the victim.

After being sentenced to a fine for the crime of interference with business in 2015, there is no record of criminal punishment.

In addition, the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, etc. of the defendant are shown in the arguments in this case.