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(영문) 서울중앙지방법원 2019.07.26 2019고단3533
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 became final and conclusive.

Reasons

Criminal facts

At around 02:00 on April 14, 2019, the Defendant heard that the victim D(the age of 27) of the victim of the sexual arrest victim D(the age of 27) will put another friendly E in the back of the other friendly E of the sexual appearance, and argued that the victim's flicked the victim's flick that "the victim should not have the same flick," and that the victim's flicked the victim's flick that "the victim should not have the same flick," and caused the victim's injury, such as two flicks, which require the victim's treatment for about 14 days, by getting the victim's flick, which is a dangerous object on his flick.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written diagnosis on D;

1. Application of statutes on photographs of damage;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Six to five years of imprisonment;

2. Reduction elements of punishment [the area of recommendation and the scope of recommendation] shall be reduced according to the sentencing guidelines (the determination of types]. Special injury, injury by repeated offense (the type 1): Reduction element: Imprisonment with prison labor for four months to one year (the scope of recommendation range revised according to the applicable sentencing range], six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is lower than the statutory minimum limit of the applicable sentencing range, so the minimum limit of the applicable sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing range).

3. In light of the method and risk of appearance, etc. of the crime of this case, the crime of this case committed by the Defendant, which is a dangerous thing, was committed by the beer and beer, thereby causing bodily injury to the victim, taking into account the following factors: (a) the crime of this case was committed in light of the method and the degree of injury suffered by the victim as a result of the crime of this case.

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