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(영문) 서울남부지방법원 2021.02.17 2020고단5734
특수상해
Text

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

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

Reasons

Punishment of the crime

On October 21, 2020, the Defendant: (a) around 02:45, at the front of a restaurant among “C” located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) at the front of a restaurant, the victim D (48 cm) dispute, which was in danger of being brought from the kitchen of a restaurant operated by E, and (c) the kitchen-type kitchen (17.7 cm on the blade and 29.5 cm in total length) brought about the victim’s right-hand buck, and brought about the victim’s face, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure of the police statement E and each protocol of F made with respect to D;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

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 to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [type 1] Special injury (including special injury to a person subject to sentencing] and special injury [including the scope of the recommended punishment], mitigation area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines], six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is applicable in cases where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, and thus the applicable sentencing range of the law is applicable).

3. Determination of sentence: Imprisonment with prison labor for 8 months, and conditions unfavorable to a suspended sentence for 2 years: The first sentence is the first sentence in light of the method and content of the instant crime; the first sentence is reflective; and the agreement with the victim (Evidence No. 51 of the Evidence Records) is reached with the victim; as above, the sentence shall be determined as ordered in consideration of the circumstances unfavorable to the Defendant, such as the age, sexual conduct, environment, motive, means and consequence of the instant crime; and all the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime;

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