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(영문) 서울남부지방법원 2019.05.23 2018고단6633
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on September 19, 2018, the Defendant, on the ground that the Defendant, while having a victim D(68 years of age) and a sway in Geumcheon-gu, Geumcheon-gu, Seoul, he saw the Defendant’s breast part of the Defendant’s breast part of the Defendant’s chest, and caused the Defendant’s injury that could not know the number of days of treatment due to the Defendant’s tearing back to her left part of the victim’s left part.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs showing damaged parts;

1. Articles 258-2 (1) and 257 (1) 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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, injury by repeated crime [Class 1] Special Bodily Injury (Special Bodily Inflicting Person] mitigated elements: Insignificant injury, non-members of punishment [the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, imprisonment for two months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] 6 months through one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range in law is inconsistent with the applicable sentencing range).

3. Determination of sentence shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

Unfavorable circumstances: when it is difficult to say that the dangerous object is a dangerous object.

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