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(영문) 의정부지방법원 고양지원 2020.01.16 2019고단2221
특수상해
Text

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

Reasons

Punishment of the crime

The defendant was working as security guards of Goyang-gu, Busan Metropolitan City B apartment house B, and the victim C(58 years of age) was in a relationship with the workplace rent.

On April 26, 2019, the Defendant lost the registered object of the above apartment. However, considering that the Defendant was responsible for the loss of the registered object of the apartment, the Defendant had a good appraisal against the victim.

On April 29, 2019, the Defendant: (a) around 02:05, around 02:05, asked the victim at the above apartment situation room where registered mail was located; (b) there was a defect in the victim’s delivery of mail to the relevant household; (c) caused the loss of alinium material, which was a dangerous object cited by the hand, one time the damaged part of the victim’s left-hand eye, and caused the victim’s 14-day treatment to the left-hand inside, internal, internal, and internal organs, which require approximately 14-day treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Photographs, etc.;

1. Photographs (C face address, time of photographing);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of punishment by law: One to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. The Defendant sentenced the sentence to a severe injury to the victim by displaying metal materials to the victim, and causing the victim’s eyebrow with tear.

Although contingent crimes are committed, if the victim did not immediately avoid a serious injury, the defendant was a crime with a high risk of suffering much serious injury to the face, and the defendant was a criminal defendant including a majority of criminal records of the same kind, and did not reflect all of the crimes, strict punishment against the defendant is imposed.

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