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(영문) 서울남부지방법원 2021.03.03 2020고단2486
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 17, 2020, at around 19:30 on March 17, 2020, the Defendant, who found in Geumcheon-gu Seoul, in order to receive the Defendant’s tight wages, flicked the flick, which is a dangerous object, such as the left shoulder of the Victim B (52 cm) (52) and the flick (1m in length). On one occasion, the Defendant sustained flick and sustained flick, which is a dangerous object in which the victim’s right side was driven by flick, and caused the victim’s flick, etc. in need of two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes of the police report pictures and the injury diagnosis report regarding B;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (in this case, it is not reasonable to issue an order for compensation as the scope of compensation liability to the applicant for compensation of the defendant in this case is not clear);

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

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the scope of the recommended punishment [the scope of the punishment that is corrected according to the sentencing guidelines] of special injury and repeated crime [the category No. 1] and there is no special injury [the scope of the recommended punishment] [the scope of the punishment and the person subject to special sentencing] [the scope of the recommended punishment], six months through two years from the imprisonment [the scope of the recommended punishment that is corrected according to the applicable sentencing guidelines], one year to two years from the imprisonment (the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and the applicable sentencing range

3. Determination of sentence: One year of imprisonment with prison labor, two years of suspended sentence: One time of fine for a crime committed against the victim; the circumstances favorable to the victim that agreement with the victim or did not take any particular measure to recover from damage: the fact that there is no past record of suspended sentence; the fact that the degree of injury is relatively small; and the above circumstances unfavorable to the defendant; and the age, sex, environment, motive for the crime;

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