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(영문) 서울북부지방법원 2020.08.14 2020고단2314
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a man who lacks the ability to discern things or make decisions due to his or her own illness.

On June 10, 2020, at around 06:06, the Defendant: (a) reported the victim C (Woo, 64 years old) who passed his seat in front of Seongbuk-gu Seoul, Seoul; and (b) carried out an injury, such as a hand and hand open to the victim, which require treatment for about 15 days, by putting the victim’s left shoulder, which is an object dangerous to drive away.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. An investigation report (report on receipt of a medical certificate for injury), and an investigation report (report on confirmation of details of damage);

1. To extract a photograph of the crime, and to apply the Acts and subordinate statutes governing the victim's bodily injury;

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

1. The grounds for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act (a) of the Act on Mitigation and Mitigation and Mitigation of Mental Injuries (a) (a) the Defendant was hospitalized and provided with outpatients for a period of not less than 20 years; (b) the form of the instant crime; and the Defendant’s speech and behavior in an investigative agency and this court; it is reasonable to deem that the Defendant had a weak ability to discern things or make decisions at the time of the instant crime.)

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] the special injury, repeated crime (the person in special form] special injury [the person in special form] mitigated elements of the special injury (the person in special form] and the person in special form: the scope of the recommendation area and the person in special form] [the scope of the recommendation area and the person in special form] mitigation area, four months to one year [the scope of the recommendation punishment revised according to the applicable sentences] imprisonment for six months and one year (the minimum of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentences, and the minimum of the applicable sentences in law are different from the applicable sentences).

3. The fact that a person who was on the way to decide a sentence of sentence has inflicted damage on the knife with the knife without any justifiable reason, and that no damage or agreement has been reached is disadvantageous.

(b).

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