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(영문) 서울중앙지방법원 2020.10.22 2019고단4263
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person working as a construction company employee, and the defendant and the victim B (year 72) are as between the defendant and the victim.

At around 18:30 on April 16, 2019, the Defendant expressed that “D party design” in Dongjak-gu Seoul Metropolitan Government, and that the victim, who had suffered emotional injury to the Defendant, was able to see that “I am and I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I

As a result, the defendant laid down the foundation of the water center near the left-hand side in need of treatment for about three months.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of injury to the police on the accused in whole or in part of the witness E and F’s protocol of interrogation of the police suspect B, and medical certificate;

1. Each investigation report and accompanying documents (a written confirmation, photograph, etc.) (a written confirmation, a photograph, etc.) (a) the defendant argued to the effect that the defendant was at the time of the victim's et al. as documentary therapy is memory, but the part part of the defendant's arms was scoke, and so, it cannot be readily concluded that the victim suffered injuries due to the defendant's assault. However, in full view of each of the above evidences and, in particular, objective evidence, such as each diagnosis document, and the statement of the victim, the defendant was at the time of the victim's arms, and the fact that the victim suffered injuries by the scoke of the victim's scoke, can be sufficiently recognized). The application of statutes is applicable

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

1. Articles 53 (1) and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of applicable sentences under law: Imprisonment for six to five years;

2. The scope of recommending punishment according to the sentencing criteria (the determination of types) shall be limited to violent crimes;

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