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(영문) 서울동부지방법원 2021.02.16 2020고단3542
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Seized Pipe (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On October 12, 2020, at the defendant's house located in Songpa-gu Seoul Metropolitan Government B and C around 19:30 on October 12, 2020, the defendant was the victim D (28 years old) who was a pro-friendly living together with the defendant, "dwarfy", but whether the victim " cannot be seen."

For the reason of the answer, the Bab, which is a dangerous object that was kept in his/her own room, brought about approximately three weeks of treatment to the victim by using the Bab pipe ( approximately 41cm in length, approximately 3cm in width) as his/her hand, and making it necessary for the victim to receive approximately three weeks of treatment.

Accordingly, the defendant carried a pipe, which is a dangerous thing, and inflicted an injury on the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report (Evidence Nos. 19,20, 26 of the evidence list), such as the protocol of seizure of police statements to the suspect suspect E against the defendant's legal statement D, and the list of damage to the seized list;

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

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. One year to ten years from the imprisonment with prison labor within the applicable range;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] shall be limited to the range of the recommended punishment [the scope of the recommended punishment], and the aggravated factors of the special injury and repeated crime: Type 1 (Special Bodily Injury): motive of the crime [the scope of the recommended punishment]: One year to three years.

3. The Defendant, who made a decision on the sentence of sentence, has inflicted an injury upon the victim who was living together with the pipe. In light of the circumstances and contents of the crime of this case and the degree of the victim’s damage, etc., the nature and circumstances of the crime are very poor.

The Defendant was unable to receive a letter from the injured party.

In addition, even though the defendant was able to assault his father in 2019 and received family protective disposition, it is highly possible to criticize the crime of this case.

In full view of the above circumstances, it is inevitable to punish the defendant with severe penalty equivalent to his/her liability.

However, the defendant's warning in 2019.

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