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(영문) 서울남부지방법원 2020.09.23 2019고단6784
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 21, 2019, at the site of the Guro-gu Seoul Metropolitan Government and multi-household housing construction on November 21, 2019, the Defendant laid down the victim C (the age of 56) who worked together with the victim and the victim's water reservoir on the floor, and laid down the victim's head, left the part, and the part of the victim's head, left sphere, and sphere pipe (the length of 5cm, 1m) which are dangerous things, and laid down the victim's sphere and left sphere, and laid down the part of the 5-day sphere part of the left sphere part of the victim's head, left sphere and sphere, which requires about four weeks medical treatment.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. Police suspect interrogation protocol regarding C;

1. A written statement prepared in C;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

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: Pronouncement of sentence is inevitable in light of the fact that the sentence is deemed to have no record of crime for a year, but is not good in light of the background, method and details of the crime in this case, the degree of damage, etc., and that no specific measure is taken for the recovery of damage, etc., of the victim.

As above, the sentence as ordered shall be determined by taking into account all the circumstances that the defendant was not able to commit and the conditions of sentencing indicated in the present arguments and records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc.

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