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(영문) 서울동부지방법원 2020.06.10 2020고단26
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On December 8, 2019, the Defendant, at the main point of the “C” located in Gangdong-gu Seoul Metropolitan Government on December 23:55, 2019, sought a demand from the victim D (n, 72 years of age) to make a settlement in advance, made one-time price of the face of the victim, and continued to stroke the victim with his left hand.

As a result, the defendant carried dangerous objects and carried them about two weeks of medical treatment, which is necessary for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 268-2 (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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Six months to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the special injury by special injury and repeated crime [type 1] special injury [special person] - the mitigated element: the mitigated element of punishment [the scope of the recommended area and the recommended punishment], the mitigated range of punishment [the mitigated range], the prison labor for not less than 4 months and 1 years [the general prison] - The mitigated element: The strong reflective nature [the grounds for suspended execution] - The general pride cause: contingent crimes, the defendant's detention entail excessive difficulty to his/her dependents;

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;

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