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(영문) 서울남부지방법원 2019.08.21 2019고단1421
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on February 8, 2019, the defendant demanded the victim to meet lastly with the victim on the 4th floor of the Guro-gu Seoul Metropolitan Government, requiring the victim to talk and talk with each other at the rooftop of the fourth floor of the building in Guro-gu, Seoul, when the victim talks with the victim, and the victim talks with the victim, he brought about the family (20cc in total length, 7cc in length of the day) which is a dangerous object in the kitchen of the kitchen at the place where the kitchen was made, and displayed the victim toward the victim, and "the victim does not want to live in this hedging," and "the victim is called as "the deceased," and "the head, face, telegraph, etc. of the victim can be taken at a time with the head, face, etc. of the victim's head, going outside of the roof, and the victim was born during the day when the head of the house is taken away from the rooftop, and the victim was taken to take care of the victim and the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the medical certificate of injury and photographs of the body part of the victim;

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. Article 62 (1) of the Criminal Act;

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. In light of the motive and circumstance of the instant crime, the means and consequence thereof, and the content and degree of the used tangible force, the crime is not deemed good.

However, the victim expresses his/her intention that he/she does not want the punishment of the defendant in this court (in August 8, 2019, submission of a written agreement and a written application for penalty) and fine.

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