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(영문) 서울남부지방법원 2021.01.27 2020고단5423
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2020, around 18:20 on September 27, 2020, the Defendant: (a) was under the influence of alcohol before Yeongdeungpo-gu apartment C, Yeongdeungpo-gu, Seoul; and (b) was raising an objection against the selection, etc. of construction works for reconstruction of the said apartment; (c) on the ground that the security guard D said D said D, “I am out and going to the house”, he raised a complaint against the Defendant, and went to the above apartment E, one of his house.

At around 18:25 on the same day, the Defendant put a knife (the total length of 30cm, 17cm) and transition (the total length of 21cm, 11cm) (the knife length of 21cm), which is a dangerous object in the above E unit, into both knife and knife the above apartment C, and the knife and the knife in the future of the above apartment C.

"A victim F (62 years of age) who was arranging the assembly equipment in the middle of the voice was "h" to the defendant, "A fribly fribly fribly fribly frien" to the victim, "A fribly fribly fribly fribly fribly fribly fribly fribly frien with the victim's right fribly fribly frien with the victim's own right fribly fribly fribly fribly frien with the victim's upper fribly fribly fribly frien with the victim's upper frien.

Accordingly, the defendant used dangerous objects to inflict an injury on the victim in terms of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the F’s written records of seizure and photographic Acts and subordinate statutes;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the type of violent crimes]. The special injury [the type 1] special injury [the person subject to special sentencing] shall be mitigated (including serious efforts to recover damage) or the person not subject to punishment (including serious efforts to recover damage).

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