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(영문) 서울동부지방법원 2020.02.19 2019고단3903

특수상해

Text

A defendant shall be punished by imprisonment for six 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

On December 3, 2019, at around 00:25, the Defendant: (a) while drinking alcohol together with the victim D (the age of 64) in Songpa-gu Seoul, the Defendant: (b) heard the horses from the victim; (c) took a look at the victim’s face; and (d) took a glass beer, which is a dangerous object on the table; and (c) suffered an injury on the victim’s face of approximately 20 meters in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to Madjun photographs;

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. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction elements of punishment: In the area of reduction [the area of recommendation and the scope of recommendation punishment], reduction area of punishment, February through October [the scope of recommendation correction according to the applicable punishment], imprisonment for six months through October (the lowest limit of the applicable punishment in the form of law].

3. Circumstances disadvantageous to the decision of sentence: The illegality of the crime of this case in light of the means of the crime of this case and the part of the injury, etc., and the circumstances favorable to the defendant who has been sentenced twice to a fine for violent crime: The defendant has agreed smoothly with the victim and the mistake has been divided; the above circumstances and the conditions of sentencing specified in the trial process of this case, such as the circumstances after the crime, shall be determined as the sentence.