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(영문) 서울서부지방법원 2020.02.05 2019고단4088

특수상해등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Around October 23, 2019, the Defendant suffered bodily injury by special injury: (a) 2, including “C” in front of the main points of “C” located in Eunpyeong-gu Seoul Metropolitan Government, and the victim D (n, 37 years old), etc., and (b) on the ground that the victim took alcohol, while drinking alcohol, the Defendant suffered bodily injury, i.e., a smaller, a dangerous object on the table table, and caused the victim to suffer bodily injury for about 14 days on the ground that the victim took alcohol.

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

2. On October 23, 2019, the Defendant: (a) on October 23, 2019, after being investigated into the case of special injury by Eunpyeong-gu in Eunpyeong-gu, Seoul with a joint signature of 365, the Defendant: (b) thought that the said victim and the Madju victim were found to have found the victim’s face one time with the left hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a written diagnosis of injury to a victim), and written diagnosis of injury;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 260 (1) (a point of violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to 12 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

B. The second crime (determination of types of violence) is a violent crime [Article 1] and there is no general assault [Article 1] [Article 1] [Article 2(1) [Article 2(2) of the Criminal Procedure Act [Article 2(1) of the same Act].]