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(영문) 서울남부지방법원 2020.08.13 2020고단751
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

At around 02:45 on December 25, 2019, the Defendant discovered the victim D (year 56) who was seated in the cnaart in Geumcheon-gu Seoul Metropolitan Government, and found the victim D (year 56) who was in the cnaart, and caused the victim to tear the eyebrow of the victim.

As a result, the defendant carried dangerous things and carried them about about 14 days to give medical treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A photographic and investigation report (recognition of a victim's death diagnosis report);

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV image analysis);

1. Article 258-2 (1) and Article 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. Article 62 (1) of the Criminal Act;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] (Article 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily: In cases of intentional injury committed [the scope of the recommended punishment and the recommended punishment] mitigated area, and four to one year [the scope of the recommended punishment as modified according to the applicable sentences] imprisonment for one year (where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentences, it shall be based on the statutory minimum limit of the applicable sentences), [the general person] mitigated element - Suspension of the execution of a sentence for a mental or physical disability (applicable to the person in charge of the person in question] - Where the person in question intentionally commits an incomplete crime: Unfavorable - General extenuating grounds - General illegal grounds: Drugs or alcohol addiction.

3. In full view of the sentencing factors and reasons for suspension of execution as above, the sentencing factors and the sentencing factors are comprehensively considered, and since the defendant was unable to take a simple surgery due to alcohol addiction, the sentence is ordered to order the attending of alcohol therapy.

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