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(영문) 서울남부지방법원 2020.08.27 2019고단6651
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 03:40 on October 5, 2019, the Defendant collected alcohol disease, which is a dangerous object on the table table without any particular reason, while drinking the victim D with the victim within 106 main points of “C” located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, Seoul, and caused the victim to have approximately 20 days left side part of the victim’s face, 2 times at hand, and approximately 10 times at hand, the Defendant got the victim to have approximately 20 days of medical treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Legal statements of E and D;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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

2. The scope of the recommended punishment according to the sentencing guidelines [Determination of types] the scope of the recommended punishment [the range of punishment] according to the special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment corrected according to the sentencing guidelines], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines are inconsistent with the statutory minimum limit of the applicable punishment, and the minimum limit of the applicable punishment is applicable to the case where the minimum limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable punishment] (the grounds for suspension of execution of sentence are

3. The sentence sentence decision defendant appears to have committed the instant crime in a somewhat contingent condition while under the influence of alcohol, and the sentence like the order of suspending the execution of imprisonment with prison labor shall be imposed on the condition that the community service order is added, taking into account the absence of the same criminal record.

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