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(영문) 서울북부지방법원 2020.06.05 2020고단800

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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2019, the Defendant: (a) around 06:12, at the Cju station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; (b) based on the fact that D was at the time of the Victim E (Inn, 44 years of age) and Si expenses, used plastic ice, which is a dangerous object on his table while carrying the victim E and Si expenses, and lowered the head of the victim’s head, thereby causing approximately three weeks of treatment to the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs taken on the spot;

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 (see the following reasons for sentencing) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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]. Special injury, repeated crime (special person in a form No. 1] Special injury (special person in a form): In the event that victims are fully responsible for the occurrence of or the expansion of damage to a crime, the victim is not subject to the punishment [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, imprisonment for two months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] 6 months through one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the applicable sentencing range in law is different from the minimum limit of the applicable sentencing range).

3. The fact that the defendant has the same criminal records as the defendant in the decision of sentence, and the degree of injury is not less than that of the defendant is disadvantageous.

However, it is advantageous to the fact that the victim had first ice drinking, and that the agreement has been reached smoothly.

The above conditions of sentencing, including the defendant's age, character and conduct, environment, circumstances of crime, and circumstances after crime, are considered as a condition of community service.