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(영문) 서울동부지방법원 2021.03.11 2021고단35
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 December 30, 2020, the Defendant: (a) around 20:57, 2020, while drinking the victim D (son, 39 years old) and drinking alcohol, which is a cafeteria of “C” located in Songpa-gu Seoul Metropolitan Government, caused the victim’s face one time in drinking, on the ground that the victim had talked about it as a bad, and (b) caused the victim’s head at three times in drinking, on the ground that the victim had talked about it as a bad, and (c) caused the victim’s injury, such as having the victim cut two skins in treatment for the number of days, by taking three times the head of the victim’s head on the table.

Summary of Evidence

1. Application of the defendant's legal statement, photographs, investigation reports (the other party to the victim), investigation reports (C cafeteria CCTV-related Acts and subordinate statutes);

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: Determination of sentence: Imprisonment with prison labor for six months and suspended execution for a period of two years, and the fact that the nature of a crime is highly dangerous; however, it reflects the fact that the injured party does not want the punishment against the accused in agreement with the injured party; and other various sentencing conditions specified in the records and theories of this case, such as the defendant's age, sex, environment, relationship with the injured party, motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors:

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