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(영문) 서울북부지방법원 2021.01.28 2020고단3741
특수상해
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

The Defendant, around 04:00 on July 26, 2020, hereinafter “D main points” located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, and the Defendant, while drinking alcohol together with the Victim B (24 tax) and his/her daily behaviors, she was under the influence of the victim.

I think, the victim expressed his desire to "dy dyp chch chyp chyp chym" and expressed the cryp mum, which is a dangerous object in the table, at the victim's face, two inside the left side of the victim requiring approximately two weeks of treatment (one cm for each one).

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. Statement made by the police against B;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes on photographs and medical expenses of victims;

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 on the suspended execution;

1. The observation of protection, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Observation, etc. of Protection;

1. Grounds for sentencing under Articles 25 (1) 1 and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation and Sentence of Provisional Execution;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment that is corrected according to the sentencing guidelines] of special injury and repeated crime [the category No. 1] and there is no special injury [the scope of the recommended punishment] [the scope of the punishment and the person subject to special sentencing] [the scope of the recommended punishment]] basic area, six months to two years from imprisonment [ the scope of the recommended punishment that is corrected according to the applicable sentencing guidelines], one year to two years from imprisonment (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing

3. Determination of sentence: Imprisonment with prison labor for one year, suspension of execution for two years (in light of the method of crime and the degree of damage, etc. in this case, the nature of the crime is grave, and the victim still wishes to punish the defendant, etc., which is disadvantageous to the defendant;

On the other hand, on the other hand, there are no criminal records of the same kind, and there are no criminal records exceeding fines.

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