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(영문) 서울중앙지방법원 2020.12.18 2020고합681
중상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The facts charged were partly revised according to facts obtained through the examination of evidence to the extent that it does not materially disadvantage the defendant's defense right.

The defendant is the death of the victim B (ma, 55 years old) and his business relationship.

On June 26, 2020, at around 22:17, the Defendant 22:17 met alcohol, such as the victim and the defendant's seat, and reported that there was a dispute between the victim and D as a business-related issue, and made it difficult to see that there was a serious injury by making the victim go beyond the victim's clothes, chests, face face when hearing the bath from the victim, making the victim take part in drinking, and facing the head on the floor, causing the victim's injury, such as external shocking, and causing the victim's injury, which requires treatment for about 6 months or more, such as an influor, fluor, flador, food, clothing, disorder, etc.

Summary of Evidence

1. Application of the detailed statement of the defendant's legal statement 112 Reporting Report, CCTV photographic Acts and subordinate statutes to the medical certificate, and CCTV photographing photographs;

1. Article 258 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

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 range of punishment [the range of the recommended punishment according to the applicable sentencing guidelines] of general injury [the type 2] serious injury [the elements of mitigation] of a punishment (including a serious effort to recover damage] or considerable damage therefrom (the scope of the recommended punishment and the scope of the recommended punishment] mitigation area, six months to one year and six months (the range of the recommended punishment corrected according to the applicable sentencing guidelines under the law] in case where the lower limit of the sentencing range recommended by the sentencing guidelines for one year to June is inconsistent with the statutory lower limit of the applicable sentencing range, so the applicable sentencing range is set at the statutory lower limit.

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