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(영문) 서울중앙지방법원 2020.04.21 2019고단8019
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

At around 01:30 on August 3, 2019, the Defendant: (a) was running singing in Jongno-gu Seoul, Jongno-gu, Seoul, on the ground that the victim D (year 55) who is an employee of the Defendant was bad and frighten; (b) was a beer disease, which is a dangerous object, twice the head of the victim; (c) made twice the victim head of the victim; and (d) took part in the victim’s flick and flicker disease on a single occasion.

As a result, the defendant suffered from injury to the victim, such as the heart and loss of the victim's internal body in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

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 for discretionary mitigation;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for six to five years;

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] special injury (including a serious effort to recover damage) or considerable damage therefrom (the scope of the recommended sentence and the recommended sentence], mitigation area, imprisonment from four months to one year [the scope of the recommended sentence 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. The decision-making defendant has a number of punishment records, injury caused by beer disease, which is a dangerous object, and the degree of damage caused by the victim cannot be deemed to be light. However, the defendant led to the confession of the crime, the victim does not want the punishment against the defendant, and the motive, means and result of the crime of this case, circumstances after the crime, age, character and conduct of the defendant, family environment, etc. are revealed in this case.

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