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(영문) 서울북부지방법원 2021.02.19 2020고단3637
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person working as an electrical engineer in the safety management office in Seongbuk-gu Seoul Metropolitan Government, and the victim C ( South and 39 years old) is a person working as the team leader in the above safety management office.

At around 05:10 on August 4, 2020, the Defendant: (a) divided conversations between the victim and the 7th floor of the department store in relation to the reasons why the electric scambling system was cut off; (b) considered the cause of the above accident to be responsible for the Defendant; (c) made the victim’s face and the scambed part of the cell phone, which is a dangerous object, one time after the victim’s face and the scambing part of the victim’s face and the scambed part of the mobile phone; and (d) removed the chair for work, which is a dangerous object, from head to the victim; and (e) inflicted injury on the victim, such as the scambal unit, which requires treatment for about 14 days

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C;

1. A medical certificate for an injury and a medical certificate;

1. Side photographs of an injury inflicted on the victim;

1. Application of the investigative report (BSASPPPPPPPPPPPPPPPPPPPPPPPPPPP).

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the said Act (The following favorable circumstances);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances)

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 types of determination] of the special injury and repeated crime [the category 1] Special injury [the person subject to special sentencing] mitigated elements: efforts [the scope of the recommended punishment and the scope of the recommended punishment] to recover damage; the prison labor for four months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] for six months and one year (the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range under the law, since the lowest limit of the applicable sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range under the law, the applicable sentencing range shall be set according to the applicable sentencing range).

3. To inflict an injury by assaulting a victim with things dangerous to the decision of sentence; and

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