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(영문) 서울동부지방법원 2020.04.08 2019고단1395
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 02:00 on February 3, 2019, the Defendant, at the Seoul Special Metropolitan City Gwangjin-gu building, the Defendant’s residence, and the victim D (the age of 32) where the Defendant and the Defendant had observed that the Defendant’s daily operation of the Defendant scam together with the victim’s cambling of the victim, she scam, with the knife, with the knife of the Defendant’s knife, with the knife, dangerous objects, and the knife of the victim, followed by the victim’s knife with the Defendant’s arms and left hand, and followed by the victim’s knife with the knife’s left hand.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the first balance of 24 days left-hand side which requires medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to each investigation report (Submission of a medical certificate for injury and attachment of a copy of medical record);

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] (Article 1] Special Injury, Bodi Bodi Bodily Injury (Special Contributors): In cases of intentionally inflicting an injury resulting from dolusent negligence: [Scope of the recommended area and the recommended punishment] mitigation area, imprisonment for four months to one year [Scope of the recommended punishment as modified according to the applicable sentences] for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, it shall be based on the statutory minimum limit of the applicable sentences] [the general person] mitigation element: Serious reflection or no history of criminal punishment;

3. Determination of sentence: Determination of sentence of imprisonment with prison labor for a period of eight months, there is a disadvantage that the degree of injury suffered by a victim has not been recovered, but it is an contingent crime;

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