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(영문) 서울남부지방법원 2021.01.14 2020고단1667
특수상해
Text

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

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

Reasons

Punishment of the crime

The defendant is a neighbor who lives in the same building as the victim B (71).

On April 2, 2020, at around 00:30 on April 2, 2020, the Defendant thought that a person suffering from ordinary damage uses the Defendant’s air defense, and toward the victim returning home, “I use other electricity.”

"Along with the height of the victim, the victim laid down 3 to 4 parts of the victim's head, 3 to 3 parts of the victim's head, and 20 meters of the victim's head of the victim's head in the treatment days, caused the victim's damage to the victim's hand and to 3 parts of the victim's head, the victim's head of the victim's head, which were at the risk of being pushed by the victim's hand.

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

Summary of Evidence

1. Statement made by the police against B by the defendant in court;

1. The photo, etc. of the deceased and victims;

1. Application of statutes on records of seizure and lists of seizure;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special bodily injury and repeated injury [the category 1] special injury [the mitigated element of a special sentencing]: Where the punishment is not imposed (including serious efforts to recover damage), or considerable damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] special mitigation area, February through one year [ the scope of the recommended punishment corrected according to the applicable sentencing] from June to one year (the minimum limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the minimum of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range in law is set according to the statutory minimum limit of the applicable sentencing range);

3. Determination of sentence: Imprisonment with prison labor for not less than eight months and two years of suspended sentence:

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