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(영문) 서울남부지방법원 2021.01.27 2020고단5760
특수상해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. In calculating a charge from 01:50 on August 16, 2020 to 01:0 on August 16, 2020 to 1:0 on August 16, 202, the Defendant of a special injury: (a) calculated a charge from 1st basement C in Yangcheon-gu Seoul Metropolitan Government, Yangcheon-gu

The phrase " spits or spits spits on the floor by repeatedly asking horses, and hear the horses that are spits or spits spits on the floor, and caused the injury of a non-fresh spit, which requires treatment for about 33 days, by putting the victim into the floor when spits the spits or spits on the floor, and spits the body of the victim after spiting the body of the victim, taking the body of the victim, taking the victim into drinking, and taking the part in drinking, and taking the part in drinking spits or monitors, which are objects dangerous to spit the victim's face.

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

2. The Defendant damaged special property: (a) was inside the Katter for the foregoing reasons at the above time and time, and at the above place;

D The equipment such as a computer and an Acryle new plate, which is a dangerous object to D, has been laid up four barriers to the building owned by the victim E, and damaged to the extent that the repair cost is 1080,000 won.

Summary of Evidence

1. Application of the police statement E written statement of the defendant concerning D's legal statement to the defendant, the written statement of injury diagnosis, and written estimate;

1. Relevant provisions of the Criminal Act, Articles 258-2 (1), 257 (1) (a point of special injury) of the Criminal Act, Articles 369 (1) and 366 of the Criminal Act concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to fifteen years of imprisonment;

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

A. Crimes No. 1 (Special Bodi) (Determination of Type) Crimes (Special Bodily Injury) / [Type 1] Special Bodily Injury (Special Sentencing Person / Special Sentencing Person : Reduction element: Non-members of punishment [the area of recommendation and the scope of recommendation] mitigation area, imprisonment from April to one year.

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