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(영문) 서울북부지방법원 2020.07.23 2020고단1165
특수상해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2020, at around 20:07, the Defendant suffered an injury in the number of days of treatment, such as leaving the victim D (n, 65 years of age) located in the Dobong-gu Seoul Metropolitan Government Section B building C, for the reason that the victim was suffering from the victim, and leaving the victim suffer from a prone disease, which is a dangerous object to the victim, and making the victim take away from the victim, in line with the right edge of the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to each photograph, field, and part of injury;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

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

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: A sentence of ten months of imprisonment and suspension of execution of two years, which is heavier in light of the applicable law to commit the instant crime and the degree of damage, etc., and the Defendant has been punished by imprisonment or a fine on several occasions by the same kind of violent crimes in the past, etc., which are disadvantageous to the Defendant.

On the other hand, on the other hand, there are favorable circumstances such as the confession and reflection of the crime of this case, and the unanimous agreement with the victim.

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