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(영문) 서울서부지방법원 2019.08.14 2019고단1409
특수상해
Text

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

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 March 9, 2019, at around 22:27, the Defendant suffered bodily injury, such as the number of days of treatment, by considering the victim’s head, in the atmosphere of a tree, which is a dangerous object, on the ground that the victim C, who is administered in the side from the Baol roof of Yongsan-gu Seoul Metropolitan Government, was slick.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A criminal investigation report and a report on internal investigation (to hear counter statements made by managers D);

1. The application of photographs and each written agreement to Acts and subordinate statutes;

1. Articles 238-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [ the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: A person who has been sentenced to a fine for the same kind of crime as the risk of committing a crime in light of the form of imprisonment with prison labor for eight months and suspended sentence for two years (unfavorable circumstances) (hereinafter referred to as "unfavorable circumstances") (the victim's failure to punish him/her, contingent crimes, and his/her mistake shall be pened;

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