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(영문) 서울남부지방법원 2019.07.25 2019고단2154
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

Around 01:40 on February 7, 2019, the Defendant, at the main point of the trade name “D” operated by the victim C (n, 45 years of age) located in Gangseo-gu Seoul Metropolitan Government, was injured by the Defendant, while drinking together with the victim, the Defendant, who was under drinking together with the victim, was forced to see “the victim was her chest,” and the victim was her head part of the victim’s body was cut one time, and sustained two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. The application of Acts and subordinate statutes to voluntary reports, photographs and written diagnosis related to 112 reported;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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 shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

D. Unfavorable circumstances: The behavior of violence such as the victim's entrance into a wound, which is a dangerous object, is not easy, and the circumstances that are favorable to the fact that it is not agreed with the victim: It recognizes and reflects the crime, and it is contingent.

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