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(영문) 서울중앙지방법원 2019.11.22 2019고합550
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 20:53 on May 17, 2019, the Defendant: (a) 20:53, at the Jung-gu Seoul Central District Office “C,” and (b) 4 employees working in the same workplace, expressed the victim’s face by using the victim’s 500cc beer knife, which is a dangerous object in the face of the victim’s face, on the ground that the victim had expressed his or her desire to do so to his or her workplace. (c) On the ground that he or she had expressed his or her workplace car in the same workplace car with four employees, the Defendant took the victim’s face by using the victim’s knife knife knife knife.

As a result, the Defendant sustained about 28 days the victim's free fluoral friend in the left eye of the victim and suffered about 28 days of medical treatment, and the victim's left eye was the real name of the victim.

Accordingly, the defendant carried dangerous objects and caused the victim to be imprisoned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to the victim's death diagnosis report, report on internal investigation (verification of CCTV images at the site of the case), and report on internal investigation;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for suspended sentence which are advantageous to the two sentences);

1. Scope of applicable sentences under law: One year to ten years; and

2. The scope of recommended sentences that are compared with the applicable sentencing guidelines for special injury, repeated injury, special serious injury, and repeated crime: From 10 months to 2 years ( mitigated areas, no penalty shall be imposed): One year to 2 years;

3. Pronouncement of sentence (one year of imprisonment and two years of suspended sentence): The victim is able to take the floor side of the victim's left side with the beer fright, on the ground that the victim, who is a workplace partner, made a speech of the company's business division, workplace employee, and the defendant in the second round after the company sports competition was completed;

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