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(영문) 서울동부지방법원 2020.12.10 2020고단3389
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, 2020, at around 02:26, the Defendant, while drunkly entering Songpa-gu Seoul Metropolitan Government B and 1st floor “C” and called “C” and called “C” at a restaurant operator, and the Defendant heard this sound and changed the Defendant to the victim D (24) and E (23).

The defendant collected the back part of the victim D's timber from the hand floor of "Is it?" The defendant, on the hand floor of the victim D, charged the right side of the victim D with the steel products, charged the victim's face with drinking water, unloaded twice with drinking water cans, cut back the victim E's back water by drinking water cans, and cut off the victim's back water by drinking water cans once.

As a result, the defendant carried a steel product and a beverage cans, which are dangerous goods, and caused the victims to suffer about two weeks of medical treatment, such as injury to the character of the two feees and strawing.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 7, 8) by the defendant's legal statement D and E's statement of the police statement

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation (recognizable circumstances such as favorable circumstances, etc. among the reasons for sentencing under the following)

1. Imprisonment with prison labor for a period of six months to seven years;

2. Determination of types of special injury according to the sentencing guidelines: Type 1 (Special Bodily Harm) (Special Bodily Harm) (Special Bodily Harm) mitigated element: Imprisonment with prison labor for two months from February to one year (where there are two or more special mitigation factors in cases falling under mitigation range, a minimum of sentence range shall be mitigated by up to 1/2). The minimum of sentence range shall be from February to June of imprisonment with labor for two months, and the minimum of one year and six months, respectively.

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