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(영문) 서울남부지방법원 2019.10.10 2019고단3993 (1)
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

Punishment of the crime

On July 8, 2019, at around 16:10 on July 16, 2019, the Defendant assaulted the victim by gathering bedbb and scam, which is a dangerous object for the victim to be suddenized due to an unforeseen reason while drinking together with the victim, and by gathering booms and scamblings, etc., which are the objects dangerous for the victim, and was in line with the victim's hand, etc., and committed an assault to the victim for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. D's legal statement;

1. Each prosecutor and police interrogation protocol concerning D;

1. Application of Acts and subordinate statutes, such as site photographs, investigation reports, and diagnosis reports;

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

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

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;

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 shall be made in full view of the circumstances under which the defendant was committed, the extent of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the defendant's age, character and conduct, environment, and criminal records, which form the conditions for sentencing as shown in the records and arguments of this case.

D. Unfavorable circumstances: there are records of being punished several times for the same kind of violence crime, such as gathering of materials, etc., which are dangerous objects, by the victim, and taking the body of the victim, etc.

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