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(영문) 서울중앙지방법원 2020.08.11 2020고단2053
특수상해
Text

Defendants shall be punished by imprisonment with prison labor for six months, and for three years from the date this judgment becomes final and conclusive for Defendant A.

Reasons

Punishment of the crime

1. On December 10, 2019, Defendant A, within the “D” located in the first floor of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, on December 22:20, 2019, performed a sudden bath with Defendant B while drinking alcohol with Defendant B, he collected LED call, etc., which is a dangerous object on the table, and took the victim at the same time, and had the victim undergo a two-time treatment.

2. When Defendant B was in line with the upper time and place of the set forth in paragraph (1), the upper time and place, etc., the Defendant collected one beer, which is a dangerous object on the table table, and laid the victim with approximately two weeks of treatment, and suffered injury, such as internal and external heat, etc., from the victim facing this face.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. On-site visits, inspection reports ofCCTV images, call-outs, etc., and investigation reports attached to Madjun Sheet photographs, application of Acts and subordinate statutes, and written agreements;

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

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, among the defendants in a suspended sentence;

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

2. Scope of the recommended sentence according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] special injury (including a serious effort to recover damage] or damage recovery to a considerable part [the scope of the recommended sentence and the recommended sentence] mitigation field, imprisonment for four months to one year [the scope of the recommended sentence revised according to the sentencing guidelines] for one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the minimum limit of the applicable sentencing in law, and the minimum limit of the applicable sentencing range is applicable to the case where the minimum limit of the sentencing range recommended by the sentencing guidelines differs from the applicable sentencing range in law).

3. Determination of sentence: Imprisonment with prison labor for not less than six months and orders for suspension of execution;

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