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(영문) 서울북부지방법원 2020.12.17 2020고단2716
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 20:30 on December 31, 2019, the Defendant, at the office of the Defendant located in Nowon-gu in Seoul Special Metropolitan City, carried out drinking together with the victim C (Nam and 71 years of age) and carried out drinking with the victim C, he saw the victim's math to be a major disease, which is a dangerous object on the table, and caused the victim's math to suffer approximately 20 days of treatment, and suffered injury, such as an open top of other head parts that require approximately 20 days of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Statement by the prosecution against C;

1. Each police statement made to D and E;

1. A medical certificate of injury, or on-site photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation reports (related to telephone communications with professors G in the emergency department of the F Hospital);

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. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: A sentence of imprisonment with prison labor for one year, suspension of execution for two years, which is heavier in light of the applicable criminal method and the degree of damage, etc., and the defendant has a record of being punished by a fine due to violent crimes in the past, etc.

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