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(영문) 서울중앙지방법원 2020.04.21 2019고단7372
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is a person who resides in the Jung-gu Seoul Metropolitan Government apartment house B, and the victim C (Nam, 42 years old) is the auditor of the above apartment building management body.

On September 18, 2019, the Defendant: (a) 00:40 on September 18, 2019, at the main point of “E” located on D and 1st underground floor in Jung-gu Seoul, Jung-gu, Seoul, and (b) took a bath from the victim under the influence of alcohol while drinking alcohol with the victim, and (c) took a look at the victim’s head on one-time basis, which is a dangerous object on the table, and caused the victim’s injury, such as the impairment of b1-day scopic personality, which requires treatment for 21 days.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to the scene photographs, brym photographs, photographs of the victim's upper part of the body;

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 Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] the scope of the recommended punishment [the scope of punishment] according to the sentencing guidelines, which includes no special injury, repeated crime [the category 1] and no special injury [the scope of the recommended punishment] [the scope of the recommended punishment], six months to two years [ the scope of the recommended punishment modified according to the applicable sentencing], one year to two years (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the law applicable sentencing standards, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory applicable applicable sentences).

3. Determination of sentence: Imprisonment with prison labor for one year, three years of suspended sentence, community service, and 80 hours defendant recognized all the crimes of this case, and reflects his depth.

In light of the methods and results of the instant crime, the following facts are comprehensively taken into account: (a) the Defendant did not have any prior criminal records other than the amount of punishment for a fine not exceeding ten (10) years, and the Defendant deposited a certain amount for the victims of the instant crime, etc.

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