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(영문) 서울서부지방법원 2019.11.22 2019고단2982
특수상해
Text

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

except that 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 July 25, 2019, at around 20:15, the Defendant, while drunk in a singing room operated by the Victim C (A, 60 years of age) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, sent back the face and body of the victim by a crypting cryp, without any particular reason, and continued to take the face of the victim by drinking.

As a result, the Defendant carried dangerous things with the victim and inflicted injury on the victim, such as sugars with no wife in two opens, which require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. E statements;

1. A report on investigation (Attachment of photographs of damage);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Articles 258-2 (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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Six months 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 [the scope of the recommended punishment]: Reduction area of punishment [the scope of the recommended punishment and the recommended punishment], reduction area of punishment], April through one year [the scope of the recommended punishment revised according to the applicable punishment], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable punishment, and therefore the minimum of the applicable punishment in law is inconsistent with the applicable sentencing range).

3. Determination of sentence (contributed circumstances) recognizes and reflects his fault.

It seems to have committed contingent crimes while under the influence of alcohol.

In agreement with the victim, the victim does not want the punishment of the defendant.

【Unfavorable circumstances】 Undiscriminatory violence was committed against the victim as dangerous objects without any reason.

Before the instant case, there is a record of being punished by a fine several times for violent crimes.

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