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(영문) 서울서부지방법원 2019.03.27 2019고단338
특수상해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 1, 2019, at around 02:53, the Defendant: (a) on the residence located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant laid a tree gate, which is a dangerous object, to the victim D (the son aged 26) who was the spouse of a de facto marital relationship, and carried about approximately 3 cm left top and approximately 2 cm away on the left side of the 3cm.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on photographs of parts of DNA damage;

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

1. The scope of punishment by law: Imprisonment for six to five years;

2. The range of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage) or considerable damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [ the scope of the recommended punishment corrected by the applicable sentencing] sentenced to six months to one year (the lowest limit of the applicable sentencing range recommended by the applicable sentencing range in cases where the lowest limit of the applicable sentencing range is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range in law does not coincide with the applicable sentencing range).

3. Determination of sentence: Determination of sentence: Taking into account various circumstances, such as the gathering of a tree consignee, who is a dangerous object, and inflict an injury upon the victim: Provided, That the injury suffered by the victim is relatively minor due to a crime committed with doluence, the recognition of and reflect on the crime by the defendant, the victim expressed his/her intention not to punish the defendant by mutual consent with the victim, and the age, character and conduct, career, motive of the crime, and circumstances after the crime, etc., which are conditions for sentencing specified in the pleadings of the

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