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(영문) 서울서부지방법원 2020.02.19 2020고단53
특수상해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On October 23, 2019, the Defendant: (a) received text messages from the victim D (the age of 21) to the effect that “the Defendant may leave a hole at one time to rest in a boat or to rest in a stop in a boat at one time” from the victim D (the age of 21) on the front day of “C Burial in Dongjak-gu Seoul Metropolitan Government; (b) the Defendant damaged the Defendant’s special material and damaged the Defendant’s stol and ablus device at a level equivalent to KRW 190,00 in the market price owned by the victim with a net, which is a dangerous object.”

2. The Defendant suffered special injury: (a) as he was removed from the victim D at the above date, at the above time, and at the above place, he saw the part of the victim’s arms once, which is an object dangerous to chemicalization; and (b) took a breath of the part of the victim’s arms in need of medical treatment for about twenty (20) days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV CDs 1, injury diagnostic certificates, and statutes governing the healthcare photograms;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 369 (1) and 366 (a) of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of special injury as stated in the holding heavier punishment) among concurrent 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. Scope of punishment by law: One to fifteen years of imprisonment;

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) (Special Bodily Injury and Cumulative Bodily Injury) (Type 1) No special injury (Special Bodily Harm) (Scope of Recommendation and Recommendation) (Scope of Recommendation and Recommendation), and six months to two years;

B. The basic area of the crime No. 2 (Special Destruction and Damage of Property) (Determination of Pronouncement of Punishment) is that repeated crimes and special damage [No. 1] repeated crimes and special damage [no. 1] [the scope of recommendations and recommendations] (the scope of recommendations and recommendations].

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