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(영문) 서울남부지방법원 2021.03.31 2021고단177
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 13, 2020, the Defendant, at around 01:00 on December 13, 2020, engaged in de facto marriage C (the remaining and 38 years of age) and the shoulderer's disease on the floor of marina operated by the Defendant in the front of Geumcheon-gu Seoul Metropolitan Government, caused injury to the number of days of treatment by making the victim's left head part of the victim's disease, which is a dangerous thing, cut off once, and cut up about 30 centimeters.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements (D);

1. Application of Acts and subordinate statutes to the police statement protocol (C) scene, victim photographs, and emergency measures 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. One to ten years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial 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 guidelines] imprisonment for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is applicable to the case 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).

3. Determination of sentence: (a) the Defendant recognized the instant crime and seriously against the Defendant; (b) the victim agreed with the victim in a de facto marital relationship; (c) the Defendant wants the Defendant’s prior wife to the Defendant; (d) the Defendant has no record of criminal punishment in the Republic of Korea; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the records and arguments, including the circumstances after the crime, etc., shall be comprehensively considered and determined as ordered.

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