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(영문) 서울동부지방법원 2020.05.08 2020고단568
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

around 22:42 on January 16, 2020, the Defendant, along with the victim D (year 59) in Songpa-gu Seoul, performed drinking within “Cjun” located in Songpa-gu Seoul, and the Defendant, on the ground that the victim was a bad and bad person, was fluored with the victim D (age 59), and the victim was fluored with a beer, which was a dangerous object on the table.

As a result, the defendant puts up an open prize for the victim's treatment days in which the victim could not know.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs of parts damaged by special violence;

1. Application of Acts and subordinate statutes to CCTV image data for committing a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, conditions unfavorable to a suspended sentence of one year - The crime of this case is highly likely to be done in a case involving beer and beer who is dangerous to the defendant as a result of the crime of this case.

The defendant and the victim do not want to be punished against the defendant for a long-standing gap between the parties.

- contingent crimes have been committed.

- The defendant has no record of criminal punishment heavier than suspended execution.

- The social ties of the defendant are clear.

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