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(영문) 서울중앙지방법원 2020.01.21 2019고단6499
특수상해등
Text

A defendant shall be punished by imprisonment for 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

The defendant is a member of the same mountain society as the victim B (year of age 51) and the post-university of a university.

1. Around 16:15 on May 25, 2019, the Defendant injured the Defendant by a special injury: (a) in a restaurant with the trade name “D” located in Jongno-gu Seoul Metropolitan Government, and (b) on the grounds that the Defendant resisted to the president of the mountain conference who made all the executive members of the mountain conference at the mountain conference that “the victim heard finites his finites and finites his finites,” and (c) he saw the Defendant as “the victim finites and fins his finites and fins with water, which is a dangerous object at the mountain conference.” (d) on the ground that the Defendant was the victim’s fins and fins his fins with the victim’s fins

2. On May 25, 2019, at around 16:45, the Defendant: (a) threatened the victim, who suffered bodily injury from the Defendant, with the victim at the time of the instant restaurant; and (b) threatened the victim by saying, “On the part of the Defendant, the Defendant reported the death of the victim to the packer police; (c) instead, the Defendant reported the death of the victim to the packer’s house.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) and 283 (1) of the Criminal Act concerning the crime, the choice of punishment, and Article 258-2 (1), 257 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Six to six months from six months of imprisonment with prison labor in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes No. 1 (Determination of Special Bodily Injury) (Special Bodily Injury) (Special Bodily Injury and Bodily Bodily Injury) [Type 1] Special Bodily Injury (Special Bodily Harm) Mitigation Elements: Insignificant injury (the area of recommendation and recommendation range), mitigation area, imprisonment with labor for four months to one year;

(b) second offence (Intimidation);

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