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(영문) 서울중앙지방법원 2019.10.17 2019고단2931
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 17:00 on April 30, 2019, the Defendant discovered the victim C (54 years of age and 54 years of age) who was the wife of the building located adjacent to the building in Dongjak-gu Seoul Metropolitan Government B 000 due to domestic violence problems, boomed the victim's neck by hand, walked the victim's bridge by hand, walked the victim's bridge by hand, boomed in the surrounding area, boomed the stone, which is a dangerous object of the size of the main brue in the vicinity, and caused the victim's head one time, resulting in the victim's injury such as an open bnde of the number of days of treatment.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the victim's photograph and written confirmation of treatment [ although the defendant denies part of the facts charged, the facts charged are recognized according to the above evidence].

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the order to attend lectures is not sufficient means of committing the instant crime, such as identifying the victim's head on the ground of the defendant's care.

The Defendant cannot be seen as working to recover relationship with the victim after committing the instant crime.

Although the defendant submitted a written application for non-compliance with the punishment of the victim, it is unclear whether there was a genuine statement of the victim when considering the reasons for the submission.

On the other hand, the result of injury is not relatively more important.

There are only one fine in case of a defendant who has been punished due to a double crime.

Comprehensively taking into account the above circumstances, the defendant's age, means of crime, and circumstances after crime, all the conditions of sentencing as shown in the arguments of this case, the sentencing committee shall determine the same sentence as the order within the scope of the sentencing guidelines.

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