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(영문) 서울서부지방법원 2021.01.11 2020고단2676
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 June 10, 2020, the Defendant, at the front of the C convenience store located in Seodaemun-gu Seoul Metropolitan Government on June 10, 2020, concluded a dispute with the victim due to the mobile phone unpaid charges in which the Defendant lent the name of the victim D (49) in front of the C convenience store located in Seodaemun-gu Seoul Metropolitan Government, on the ground that the injured person was hicking about the victim, while making a dispute with the victim, he was hicking the victim’s face at the time of drinking,

In two times, the head of the victim was at least two weeks from the hack pipe ( approximately 2 cm in diameter, approximately 50 cm in length), which is a dangerous thing that has come out of the back, and the victim was at least two weeks of treatment, and the victim was at least two weeks of treatment.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on seizure and list (the photograph of seized Articles), the detailed statement of case 112, the photograph of the scene of occurrence and the suspect D photograph of the suspect, the investigation report (the counter party to the suspect D), the suspect A photograph, the investigation report (the counter party to the person who has not reported), the investigation report (the counter party to the reporter's name); the report on investigation (the counter party to the reported person's telephone), the medical certificate and a copy of the medical record (G hospital), the medical certificate (H hospital), the investigation report (to the suspect A telephone statement), and the report on investigation

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 (see, e.g., "the grounds for sentencing")

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(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 [type 1] Special Bodi Bodily Injury (including special efforts to recover damage) [the scope of the recommended punishment], the scope of the reduced punishment [the scope of the recommended punishment and the scope of the recommended punishment changed according to the sentencing guidelines], the imprisonment for four months to one year [the scope of the recommended punishment changed according to the sentencing guidelines], one year (the lowest limit of the range of the sentenced punishment recommended in the sentencing guidelines is the applicable sentencing range under the law.

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