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(영문) 서울중앙지방법원 2020.02.04 2019고단107 (1)
특수상해
Text

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

Reasons

(2) On September 4, 2018, around September 16:30, 2018, the Defendant: (a) committed an assault in a manner that, in the course of a meal with the victim D (3*) in the restaurant of “C” located in Seocho-gu Seoul Seocho-gu, Seoul; (b) committed an assault in a manner that the victim’s head was frighted, which is a dangerous object in the table; and (c) the victim’s head was frighted, and the victim was fright up to the number of days of treatment.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Investigation report (related to the analysis of criminal images);

1. Application of statutes on photographs of damage;

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

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable)

3. Determination of sentence: A sentence of imprisonment with prison labor for not less than ten months: The crime of this case is committed by the defendant by assaulting the victim by taking the head of the victim due to a minor disease, and the nature of the crime is not bad and the degree of injury suffered by the victim is not that of the method, method, danger, etc. of the crime;

In addition, since the defendant has committed the crime of this case without being aware of during the period of probation due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, it is necessary to punish the defendant solemnly.

In addition, the defendant has a number of criminal records including the same kind of power.

A favorable condition: The victim wishes to punish the defendant in the police.

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