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(영문) 서울중앙지방법원 2019.03.27 2018고단8151
특수상해
Text

A defendant shall be punished by imprisonment for six 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

On November 18:56, 2018, the Defendant ordered the victim C(35 years old)'s operation on the part of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City B and 1, and then listened to the victim's phrase "bring" in the process of taking a coffee from the victim in the process of taking a coffee from the victim, and then collected the victim's instant instant cup containing hot coffee, which is a dangerous article, and put the victim into the victim's image on the right side of the treatment days.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. A written statement of victim C;

1. Application of Acts and subordinate statutes to reports on the occurrence of violence, on-site photographs, receipts, internal investigation reports (Submission of victim's photographs, treatment records, use of cards, etc.), diagnosis reports, diagnostic photographs of damaged parts, photographs of card use records, details of text on the card use, investigation reports (other party to CCTV in the field), investigation reports (verification of visual images), and criminal investigation reports (Hearing of victim's statements);

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 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than five years;

2. Application of the sentencing criteria;

(a) Determination of types: Violence Crime> Special Bodi Inflicting Bodi Bodi Bodi Bodily Injury>

(b) A special penal person: Where he/she has committed an intentional bodily injury (including serious efforts to recover damage), but has not been punished (including serious efforts to recover damage), or has been recovered from considerable damage;

(c) The field of recommendation and the scope of recommendations: Reduction field, imprisonment for not less than four months, but not more than one year; and

3. The main sentence is to consider the following factors: (a) the Defendant appears to be against the recognition of the instant crime; (b) the Defendant has no record of criminal punishment during the said period; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the conditions of all sentencing as shown in the pleadings of the instant case, such as the circumstances after

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