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(영문) 서울중앙지방법원 2019.10.17 2019고단5196
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2015, the Defendant was sentenced to 10 months of imprisonment for fraud at the Seoul Central District Court, and the enforcement of the sentence was terminated on May 21, 2016 at the Seoul Detention Center.

At around 06:22 on May 19, 2019, the Defendant divided conversations between the victim Q (48 years of age) and the business financing in the office of the Defendant located in the Gangnam-gu Seoul building D, Seoul, and the victim "B" is a person who runs the business of raising funds, and it is not easy for four (victim) to use the money to others, and it is called "B" as "W". The gate room, which is a dangerous object, was collected and the gate room of the victim's left part is collected one time, and the part of the victim's part is 5 minutes in two hands, and the victim's part is 5 minutes in the victim's part, thereby causing approximately three weeks of treatment, such as trend, cage, cage, and dump salk salk.

As such, the Defendant carried dangerous objects and inflicted bodily injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Medical certificates and photographs;

1. A report on investigation (on face of criminal administration and specific relation);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 determination of types] of violent crimes [the first category] special injury [the scope of the recommended punishment] special injury [the special person] mitigation element: minor injury [the scope of the recommended punishment] mitigation area], the imprisonment for four months to one year [the range of the recommended punishment corrected according to the applicable sentencing range]] six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable sentencing range, and the minimum limit of the applicable sentencing range is set according to the law applicable sentencing range).

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