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(영문) 서울중앙지방법원 2019.09.17 2019고단3366
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

1. Around 02:40 on March 16, 2019, the Defendant: (a) faced with the victim D and shoulder at a “C” restaurant located on the second floor of the Gangnam-gu Seoul building B located in Gangnam-gu Seoul Metropolitan Government; (b) carried a fluoral bottle, which is a dangerous object by destroying the disease into the wall, and entered the bank, thereby suffering from an injury on the left side of the victim D, which requires approximately two weeks of treatment to the victim.

2. Around 02:45 on March 16, 2019, the injured Defendant inflicted an injury on the victim E, who passed on the street outside the restaurant of the above “C”, such as “the same four kinds of strings,” and by hand, the injured victim E, who was in twice at the right knick of the victim, was suffering from an injury, such as the erode spatum, which requires approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

2. Each police statement of E and D;

3. Each injury diagnosis letter;

4. Damage photographs;

5. Application of Acts and subordinate statutes to investigation reports (on-site CCTV analysis);

1. Relevant Article 258-2 (1), Articles 257 (1) and 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act for the crime;

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

3. Reduction of small quantity under Articles 53 and 55 (1) 3 of the Criminal Act;

4. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Punishment) (Bodily Injury) (No. 1) general injury [No. 1] general injury (a. Scope of recommendations and recommendations] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor from April to June;

(b) Crimes No. 2 (Special Bodily Injury) (Determination of Penalty) (Special Bodily Injury and Bodily Injury) (Type 1): Special Bodily Injury (Special Bodily Harm) (Special Bodily Harm) mitigated elements: In the area of mitigation of punishment (the area of recommendation and recommendation range) mitigated, imprisonment with prison labor for four months through one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for not less than four months to not more than two years;

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