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(영문) 서울남부지방법원 2019.09.18 2019고단806

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 February 11, 2019, at around 04:00, the Defendant, along with the victim C (the 57-year-old) located in Yeongdeungpo-gu Seoul Metropolitan Government, laid down the Defendant on the first floor of the apartment house in which the victim was locked and said, “I am dyp fypia and dyp dyp dyp dyp in tobacco,” and laid down the glass fyp, which is dangerous to the victim’s fyp, and caused the Defendant to have the tear the horses, the number of days of treatment of which is unknown to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and < by Act No. 658, Feb. 2, 199; Act No. 1054, Feb. 29, 2000>

3. Determination of sentence: Imprisonment with prison labor for eight months and suspended sentence for two years; the crime of this case committed in favor of the defendant by causing bodily injury to the victim; the crime of this case is not proper in the number of crimes; and the crime of carrying dangerous articles is not likely to inflict serious bodily injury, etc.

However, the punishment as ordered shall be determined within the scope of punishment, by comprehensively taking into account the following factors: (a) the defendant has recognized a crime; (b) the defendant has a prison life in custody and has an opportunity to reflect the victim; (c) the degree of injury suffered by the victim is relatively not much serious; (d) the defendant has no record of criminal punishment exceeding the fine; and (e) the sentencing conditions of the defendant's age, character and conduct, environment, health conditions