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(영문) 서울중앙지방법원 2019.07.17 2019고단3013
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

Around 00:30 on December 22, 2018, the Defendant: (a) was a person driving a taxi in the Bupyeongcheon-gu area B; (b) was stopping a taxi in front of the entrance of the 3 (Sari-dong) 9th Station of the Dongjak-gu Seoul Metropolitan Government, and (c) was inflicted on the victim C (24 years of age) demanding that the taxi go to Seoul area; and (d) the key, which is a dangerous object with a vision, the victim was suffering from injury, such as fiff and fife part of the head requiring treatment for about 2 weeks.

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

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Investigation report (Opinion, etc. of an investigator in charge);

1. Application of the Acts and subordinate statutes to an injury diagnosis certificate, victim photograph, and photographic;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes, injury by special injury and repeated offense [Type 1] Special injury (special person who has a penalty): Where the victim is fully responsible for the occurrence of a crime, [the scope of recommending punishment] mitigation area, imprisonment for four months to one year [the scope of recommending punishment corrected according to the applicable sentencing], for six months through one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, according to the law applicable sentencing range).

3. Circumstances favorable to a decision-making on sentence: There are extenuating circumstances for the background of the crime;

The defendant's mistake is recognized.

Although the defendant had previously been sentenced to 6 times a fine due to violent crimes, all of them are 20 years ago, and there is no record of punishment for crimes other than 2 times a fine due to the violation of the Road Traffic Act.

Unfavorable circumstances: The method of crime is dangerous, and the victim's damage.

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