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(영문) 서울중앙지방법원 2021.01.11 2020고단7223
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On October 9, 2020, the Defendant, at the C cafeteria located in Dongjak-gu Seoul Metropolitan Government on October 2020, performed drinking together with the victim D (son and 43 years old) on the part of the victim, and went through a dispute with the victim, and was able to hear the desire from the victim who was aged sexually damaged, the Defendant, who was a dangerous object on the table, was able to bring the head part of the victim's head, thereby making it impossible for the victim to know the number of days of treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes governing the images of CCTV images;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act on the observation of protection and observation;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of the recommended punishment according to the sentencing guidelines [type determination] Scope of the recommended punishment [special injury and repeated injury (type 1): Special injury (special sentencing factors): Reduction element: Non-applicable area of the punishment [the scope of the recommended punishment and the scope of the punishment] mitigated area, four months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months of imprisonment or one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and therefore the applicable sentencing range is set according to the statutory minimum limit of the applicable sentencing range);

2. In light of the fact that the crime of this case, which was determined to be sentenced, is not good in light of the method and risk of the crime, and that the defendant committed a second offense despite the fact that the defendant had been punished several times as a violent crime, the defendant’s liability for the crime of this case is not weak.

However, the defendant recognizes and reflects his mistake, and the defendant agrees with the victim.

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