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(영문) 서울동부지방법원 2021.03.03 2020고단3727

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2020, around 06:04, the Defendant laid off the victim E ( South, 48 years of age) prior to the passage of Songpa-gu Seoul Seoul B market No. 34, on the ground that the Defendant moved off the passage and carried things, the Defendant and the Defendant, during the speech dispute, laid down the victim’s right handlight (14cm in total, 6cm in length, knife in length, 6cm in length), which is a dangerous thing for the victim to find out in the future.

As such, the Defendant carried dangerous things with the victim, thereby inflicting an injury on the victim in an open part of the part in which details of the right hand, which requires treatment for about two weeks, are unclear.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the police statements made by the police in relation to E, of each damaged photograph, deadly weapons photograph photographic diagnosis;

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 to mitigate small amount;

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 [the type of punishment] of special injury and repeated crime [the category 1] Special injury [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the scope of the recommended punishment], February through October [ the scope of the recommended punishment revised according to the sentencing guidelines] 6 months through October (the lowest limit of the applicable punishment in law].

3. Circumstances disadvantageous to the decision of sentence: The circumstances that the illegality of the crime of this case in light of the means of the crime of this case and the parts of the injury, etc. of the crime of this case are not less complicated: The defendant agreed to the crime of this case only with the victim, and the defendant is divided by mistake; the above circumstances and circumstances, the circumstances of the crime, and the circumstances after the crime, etc., shall be comprehensively taken into account, and the sentencing conditions specified in the trial process of this case shall be determined as ordered.