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(영문) 서울동부지방법원 2019.08.29 2019고단1257
특수상해
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

At around 22:45 on April 18, 2019, the Defendant: (a) considered the victim’s “D” operated by the victim C (n, 74 years of age) in Gwangjin-gu Seoul Special Metropolitan City as having brought about KRW 100,000,000 to the victim on the preceding day; (b) considered the victim to have brought about KRW 100,000,000 to the victim; and (c) found the victim’s face and head on the face of the victim, which is a dangerous object on the customer as the victim refused to do so, and (d) laid down the victim’s head on the face of the victim and head on the face of about 42 days.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs and victim photographs;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

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

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of violent crimes; 【Special Injury, Bodi Bodily Injury (Special Bodily Inflicting) (Special Bodily Inflicting), Special Injury (excluding Special Bodily Inflicting): Gross serious injury (excluding special types of serious injury), cruel method of crime, victim who is vulnerable to the crime (the area of recommendation and the scope of recommendation] special heavy area; 1 to 4 months of imprisonment.

3. The defendant's decision of sentence is very cruel in the process of the crime of this case, such as taking the victim's head into the victim's face due to a shouldered softener's disease, etc. The crime of this case resulted in heavy results of receiving surgery and treatment by suffering from various heads, such as face, etc., and the defendant, although the victim was paid 10,000 won to the victim but did not receive a refund (However, the victim stated that 100,000 won was not received from the defendant), and even if the victim did not receive a refund of 10,000 won.

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