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(영문) 서울북부지방법원 2020.12.17 2020고단3478
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

1. On August 1, 2020, the Defendant committed the crime against the victim B around 22:30 on the street in Seoul Special Metropolitan City, Nowon-gu, the Defendant got the victim of plastic boxes (40 cm by 40 cm, 60 cm in length) which are dangerous things in front of the convenience store while punishing the victim B (Nam, 47 years of age) and vagabonds on the street, and caused the victim to suffer approximately 1 cm in the number of days of treatment.

2. The Defendant committed the crime against the victim E was at the time and place specified in paragraph 1, and at the time and place specified in paragraph 1, the victim E (ma, 47 years of age) brought the victim with plastic stuffs described in paragraph 1, which are dangerous articles, toward the victim, and put the victim at a load of approximately 3 cm in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared B and E;

1. A investigative report (related to the analysis ofCCTV image data) and a CD copy attached thereto;

1. Application of the Acts and subordinate statutes to the victim’s plastic stay photographs, victim’s E-mail photographs, and victim’s B portrait photographs used for committing the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The basic area (from six months to two years) of crimes under subparagraph 1 (Special Bodily Injury to Victims E);

(b) Class II crime (Special Bodily Injury to Victims B), the area to be mitigated (four months to one year) (including a person who has been specially mitigated: A person who has not been punished (including a serious effort to recover damage));

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for six to two years (the maximum of crimes No. 2) for six months;

2. The nature of the crime is not good in light of the attitude and risk of the crime to be sentenced.

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