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(영문) 서울중앙지방법원 2020.01.16 2019고단5607
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 14, 2019, at around 03:18, the Defendant 1 took care of the victim C's hair in front of Gangnam-gu Seoul, Seoul, with his hand, led the victim C (at 23 years of age), led the victim's hair by 10 meters, was taken care of the victim's face and head by the mobile phone of the dangerous object, and led the victim's face and head to the head of the dangerous object in which the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the police statement against C;

1. Application of Acts and subordinate statutes to a investigative report, a investigative report (STV image verification), a CCTV-cap photograph, a criminal investigation report (attached to a detailed statement processing the 112 Report), two copies of a detailed statement processing the 112 Report, a criminal investigation report (the log of the 119 Emergency Medical Services), a 119 emergency medical services report, a criminal investigation report (additional CCTV image verification), and a criminal investigation report (a report on the results of a visual analysis attached thereto);

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation lies on the degree of damage, such as the occurrence of a considerable amount of blood transfusion to the victim at the time of the instant case, the police called out to report 112 from among the crime committed in the instant case, the fact that the Defendant continues to commit a crime again after being dismissed, that the Defendant had been punished several times for the same kind of crime, that the Defendant agreed with the victim, and that the Defendant’s age, criminal record, character and behavior, environment, motive and consequence of the crime, and other circumstances that form the conditions for sentencing indicated in the record of the instant case, such as the circumstances after the commission of the crime.

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