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(영문) 서울남부지방법원 2020.12.17 2018고합108
특수상해
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 8, 2018, at the main point of “C” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and underground, for the reason that the victim E (the aged 41) who fested with D and fashed from the elementary school, drinked alcohol together with D, etc., was found, and the victim E (the aged 41) told D and D “self-faged”, the Defendant inflicted an injury upon the victim’s head by putting the victim’s head at one time, with the victim’s head being cut about about 30cm.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to photograph victims and on-site evidence;

1. Grounds for sentencing under Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the relevant criminal facts;

1. Scope of punishment by law: One year to ten years;

2. The scope of recommended sentences according to the sentencing guidelines [decision of types] violent crimes; and

3. The sentencing factors indicated in the records of this case, such as the age, character and conduct, environment, family relationship, and motive and circumstance of the crime of this case, which are favorable or unfavorable to the defendant following the decision of sentence, shall be determined by comprehensively taking into account all the factors of sentencing

In unfavorable circumstances: The defendant left the head of the victim due to beer's disease so that the two skins of the victim can tear, and the method of the defendant's crime is dangerous.

The victim's damage has not been recovered, and the victim is punished for the defendant.

A favorable condition: The defendant has no history of criminal punishment in the Republic of Korea.

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