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(영문) 서울중앙지방법원 2020.02.20 2019고단8560

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 becomes final and conclusive.

Reasons

Punishment of the crime

On December 12, 2019, at around 04:10 on December 12, 2019, the Defendant: (a) placed the victim C (here, 49 years of age) who was wife in the fourth floor of the building B in Gangnam-gu Seoul, and (b) placed the victim's face at a glass lives, which is a dangerous object in the main room continuously and continuously with the victim's face while fighting between husband and wife, had the victim undergo approximately 21 days 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. Recording notes;

1. A photograph of the medical certificate of injury;

1. Application of 3 copies of attached photographs to Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act 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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four 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 sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for eight months, a stay of execution for two years, and a condition unfavorable to probation: The crime of this case is deemed to have inflicted on the victim's face while the defendant fights with the victim due to a favorable contact, etc., which is a dangerous article while fighting with the victim, and the crime is deemed to have been committed in light of the method, method, risk, etc. of the crime.

In the past, the defendant committed several assaults against the victim, which was the most recent on June 16, 2019, a fine of one million won.