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(영문) 서울중앙지방법원 2020.02.04 2019고단6974
특수상해
Text

A defendant shall be punished by imprisonment for six 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

Around 19:55 on October 1, 2019, the Defendant sent the victim’s face one time to the “D Beauty room” in Gwanak-gu, Seoul Special Metropolitan City(31 years of age) on the ground that there was a need to make prior reservations on the victim’s face by stating that “the victim has been in operation by a reservation system of 100%.” In other words, the Defendant was unable to know the victim’s face one time and five to six times on the face of the victim’s head head head, which was shocked by shocking the impact, taken five to three times, knee-six times, stamped the victim’s face, which was reported outside the above beauty room, 2 to three times a week, and 23 times a week or three times a week of the victim’s face reported outside the above beauty room, and she exceeded the treatment period of the victim, such as being in operation with coa and injecting and injecting with skin and injecting.

In this respect, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of each statute on photographs;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] the special injury, repeated injury [the category 1] special injury (the special person concerned] mitigated elements: In cases of minor injury, non-influence (including serious efforts to recover damage), or considerable partial damage, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation areas, February through one year [the scope of the recommended punishment corrected by the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the applicable sentencing range in law is inconsistent with the minimum limit of the applicable sentencing range under law, so the minimum limit of the applicable sentencing range under law is inconsistent with the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for six months, and imprisonment for two years disadvantageous to a suspended sentence: The crime of this case is dangerous for the reason that the defendant was dead;

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