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(영문) 서울남부지방법원 2020.01.09 2019고단4786

특수상해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

Around 10:00 on August 8, 2019, the Defendant was at the construction site of Bupyeong-si B, and the victim C(26 years of age) and the victim’s work during the floor live work, and the victim’s head was at one time, and the victim’s face was at least two weeks before the right-hand part in need of treatment.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. A written complaint and a written diagnosis of injury attached thereto;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversation of shots D);

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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment according to the sentencing guidelines (determination of types) [Class 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily (Special Bodi Bodi Contributor): Insignificant injury [the scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment that is modified according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the applicable sentencing range

3. According to the rulings of sentence, the sentence shall be determined as the order, taking into consideration the following circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the conditions of sentencing as shown in the trial.

Unfavorable circumstances: The nature of crime is very poor in light of the risk of the method of crime.

No damage has been recovered or agreed with the victim.