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Reasons
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(영문) 서울남부지방법원 2020.05.01 2020고단415
특수상해
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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 13, 2019, at around 06:40 on June 13, 2019, the Defendant: (a) sold to the victim C (here, 40 years of age) who is currently living together with the Defendant’s pre-living and wind, and (b) carried the victim’s head head head, ske, ske, and ske, and carried with the victim’s head, and carried with him any dangerous object ( approximately 22 cm in total, about 11 cm in length) that is dangerous for the victim to enter the victim’s face, and (b) had the victim sell the victim’s right side on a day to walk the victim’s ship and bridge on several occasions, and had the victim take away the victim’s body, and reflects the victim’s other treatment and body, as follows, during the process of fighting with the victim and the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. A favorable condition for sentencing under Article 48(1)1 of the Criminal Act: A sentence shall be determined as ordered by taking full account of various circumstances, including the following: (a) the circumstance in which it appears to be recognized and reflected as a substitute for the crime; (b) the circumstance in which the case was committed; (c) there is room to take into account some parts of the situation; and (d) there was no active use of the act, such as overcoming criminal records other than a fine once; (d) the defendant’s age, character, character, environment; (e) relationship with the victim; (e) the motive, means, and consequence of the crime; and (e) the sentencing conditions specified in the records and arguments of the case,

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