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(영문) 서울동부지방법원 2019.09.20 2019고단2442
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 16, 2019, the Defendant, at around 22:30 on July 22, 2019, performed drinking together with the victim D (the age of 27) who is a workplace partner in Gwangjin-gu Seoul Special Metropolitan City, and had a verbal dispute with the victim in relation to his/her business, and then sold the victim's face by making one time the victim's head at the left side of his/her head, which is a dangerous object on his/her table, and by making one time the victim's head at the shoulder, and by taking one time the victim's face with drinking and knee.

Accordingly, the defendant carried dangerous articles and inflicted injury on the victim, such as the left side side of the victim requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (case concerning listening to shote E telephone statements);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Extent of the recommended sentence according to the sentencing guidelines (decision of types of punishment), range of the recommended sentence according to the sentencing guidelines (decision of types of punishment), group of violent crimes, injury by repeated offense, injury by special injury, and Type 1 (Special Bodily Injury): None of the factors to increase and mitigate (general person): No of the respective factors to mitigate punishment (general person): A basic area in which no record of criminal punishment exists [Scope of

2. Determination of sentence [Incompetence] The fact that the liability for the crime was not easy in light of the motive of the crime used by the defendant and the risk of the content of the crime, etc. has not been taken against the victim until now (negative] The fact that the degree of injury suffered by the victim is not much severe than the degree of injury suffered by the victim while recognizing the crime of this case, is an initial crime without criminal punishment, and the defendant's age, character and behavior, motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc.

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