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(영문) 서울동부지방법원 2019.09.20 2019고단2291
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

Criminal facts

At around 00:45 on July 2, 2019, the Defendant expressed the victim’s desire to “the victim, who was next to the victim, who had sexual intercourse with the said D while drinking together with the victim E (n, 48 years of age) for female-friendly job offers D and D's sexual intercourse with the said D while drinking together with the victim E(n, 48 years of age) in Songpa-gu Seoul, and expressed the victim’s desire to “the victim, who was flick, flick, knick, knick, knick, knick, knick, etc., who was flicked with the victim, and flicked the victim’s flick, which was a dangerous object on the table, and flicked with the victim, who was in need of approximately two weeks medical treatment.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A victim and on-site photograph;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment), range of the recommended sentence according to the sentencing guidelines (decision of types of punishment), group of violent crimes, injury by special injury, injury by repeated offense, and Type 1 (Special Bodily Injury): Reduction element of punishment not (general person): In the area of mitigation of punishment: April to one year;

2. Determination of sentence [Incompetence] Defendant’s use of the crime tool, risk of the contents of the crime, degree of injury inflicted on the victim, etc., the liability for the crime is not less complicated (negative). Recognizing the crime of this case, the victim’s mistake is against the victim, and the victim did not want to be punished against the Defendant. During that period, there was no criminal record exceeding the fine, and the record of punishment for violent crimes was punished.

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