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(영문) 서울남부지방법원 2020.04.08 2020고단702
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 17:00 on December 26, 2019, when the Defendant was under drinking alcohol in Guro-gu Seoul Metropolitan Government C, and was under drinking alcohol, the Defendant was at the second stroke, where the number of days of treatment cannot be known to the victim when the victim DNA (the age of 42) who was seated and flowed on the front cover of the Defendant without any justifiable reason, and was under drinking alcohol due to drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police interrogation protocol to D

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

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the determination of types] the special injury, repeated crime (the person in special form] special injury (the person in special form] - the mitigated element: the mitigated element (including serious efforts to recover damage) or considerable partial damage, [the scope of the recommended sphere and the scope of the recommended sentence] mitigated range, the imprisonment for four months to one year [the scope of the recommended sentence revised according to the applicable sentences] from six months to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is set according to the law minimum limit of the applicable sentences, since the minimum limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: The sentence of imprisonment with prison labor for six months and the two-year grace period: The first sentence is the first sentence in favor of the fact that the crime is not good in light of the circumstances and contents of the instant crime; the fact that the victim agreed with the victim; the defendant’s unexpected circumstances and the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and all the conditions of sentencing specified in the arguments and records of the instant case, including the circumstances after the crime, shall be determined as ordered by the order.

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