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(영문) 서울남부지방법원 2019.03.28 2018고단6632

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on December 4, 2018, the Defendant listened to the horses of “C” from the victim D (the age of 38) who is a workplace partner in Yeongdeungpo-gu Seoul, and went through a dispute with the end of 500cc, which is a dangerous article on the table table, and suffered an injury on the victim’s head at one time with approximately 3 weeks of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Each investigation report (Submission of a medical certificate of injury, hearing of a victim) and each internal investigation report (to telephone conversations of a victim, hearing of witness's statements);

1. Application of Acts and subordinate statutes to medical certificates and photographs of the upper part of the body;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act (limited to imprisonment with prison labor in a legal form) concerning the facts constituting an offense;

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

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. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] mitigated elements: the scope of the recommended sphere and the scope of the recommended punishment] special mitigation area, imprisonment for two months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and thus the minimum of the applicable sentencing range under law is inconsistent with the applicable sentencing range); and

2. The details and means of the crime committed and the extent of damage, the background of the occurrence of the crime, the fact that the defendant has agreed to pay the victim eight million won to the victim, the defendant has no criminal record, the fact that the defendant has divided and reflected his/her mistake, the age, character and conduct of the defendant, and the environment, and the sentencing factors, such as the age, character and conduct of the defendant, shall be determined as the order.