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(영문) 서울동부지방법원 2021.03.11 2020고단4199
특수상해
Text

A defendant shall be punished by imprisonment for six 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 November 6, 2020, the Defendant, at C main points located in Gwangjin-gu Seoul Special Metropolitan City, around 22:20 on November 6, 2020, is the victim of the Defendant, who was under the influence of the victim D ( South, 54 years old) and drinking at the workplace.

N. N. The head of N.O.

“The head part of the victim’s head was teared at approximately 3 cm with the victim’s head, and the victim’s head part was teared by 500CC beer with the victim’s head knife with the dangerous article on the table 500CC beer.

Accordingly, the defendant carried dangerous objects and carried them with a ductal body where the number of days of treatment cannot be known to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the head of a victim of a medical record at an emergency medical center, a copy of a medical record (500cc beer balance) related to assault against D in the police statement report;

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 applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] [the type 1] special injury [the person subject to special sentencing] - mitigated elements: Where the mitigated area of punishment (including serious efforts to recover damage) or considerable damage is recovered, [the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, April through one year [the scope of the recommended punishment corrected according to the applicable sentencing] from six months to one year (the lowest limit of the sentencing range recommended in the sentencing guidelines is set according to the applicable sentencing guidelines in cases where the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range, so the applicable sentencing range in law is set according to the minimum limit of the applicable sentencing range).

3. Determination of sentence: A sentence of imprisonment with prison labor for six months, the suspension of execution for two years, with heavy risk of committing a crime, and with the records of several times of punishment, such as imprisonment with prison labor, suspension of execution for the same kind of crime, fines, etc., is deemed disadvantageous or unfavorable.

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