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서울동부지방법원 2020.04.23 2020고단576

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 19:29 on October 12, 2019, the Defendant: (a) coming out of the restaurant in Gangdong-gu Seoul Metropolitan Government, and (b) came out of the restaurant, the Defendant considered the victim’s husband C’s husband C’s her husband D on the front day of the other day being constructed on the floor, and deemed the victim’s her d's h's h's h's h's h's h's h's h's h'h'; (b) h's h's h's h's h's h's h's h's face; (c) d's h's k's h's h's h's h's h'

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to submission of a diagnosis report on injury of a victim), investigation report (Attachment to photographs submitted by a victim);

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 favorable circumstances):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated injury [the first category] special injury [the special person] mitigated element] or considerable damage is recovered (including serious efforts to recover damage): the mitigated area of punishment (the scope of the recommended and recommended sentence], the mitigated area of imprisonment from four months to one year [ the scope of the recommended sentence revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range in the applicable sentencing guidelines differs from the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. Determination of sentence: Determination of sentence: The nature of the crime is poor because the defendant was suffering from the beer and beer disease, which is an object dangerous to the defendant, causing about four weeks of medical treatment to the victim; however, the defendant has agreed smoothly with the victim; the defendant recognizes and reflects his own crime; and other defendant's age, character and conduct;