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Reasons
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(영문) 서울북부지방법원 2020.03.12 2019고단4640
특수상해
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A defendant shall be punished by imprisonment for one year.

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 April 22, 2019, at around 20:40, the Defendant calculated the victim’s head, left hand part, etc. on several occasions with a household steel straw, which is a dangerous object to listen to talk about the Defendant’s male relations from the victim E (the age of 62) to the victim E (the age of 62).

As a result, the defendant carried dangerous articles and inflicted an injury on the victim, such as blood transfusion, upon the victim's inception days of treatment.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each legal statement of witness E and F;

1. Photographs, etc. of crimes;

1. Application of Acts and subordinate statutes to certificates of medical records;

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

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

1. The fact that the Defendant’s criminal reasons for sentencing under Article 62-2 of the Probation Criminal Act (a person who is subject to probation in order to prevent recidivism of the Defendant, and to give the Defendant an opportunity to reflect his/her resistance) are relatively serious injury to the victim, and that it is anticipated that the risk of recidivism will be high in light of the Defendant’s past penal power, the Defendant’s behavior and circumstances after the instant crime, etc. are anticipated to be committed, etc

On the other hand, the fact that the defendant paid KRW 10 million to the victim and agreed with the victim is favorable.

Each of the above circumstances shall be sentenced to the same sentence as the disposition, comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the age, character and conduct, the environment, and the background of the crime.

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