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(영문) 서울북부지방법원 2020.11.05 2019고단2753
특수상해등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 3, 2019, the Defendant: (a) reported on June 3, 2019, at the main point of “C” located in Jung-gu Seoul Central Government, that the victim D (the age of 44) who drinking alcohol is not good for a usual appraisal; and (b) made the head of the D to the victim E (the age of 40) who drinking alcohol on the side of the victim and was in danger of the victim; (c) made the head of the relevant D to the small-scale disease, which is a dangerous thing, to the victim E (the age of 40).

As a result, the Defendant carried dangerous things with the victim D and caused the victim E to face a loss in need of approximately 4 weeks of treatment. At the same time, the Defendant caused the victim E to face a loss for about 2 weeks of treatment.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. Each investigation report by the police officer statement regarding E (the investigation of the counter party to the shootings);

1. Photographs of suspect D or victim E taken a part of damage;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 258-2 (1), 257 (1) and 266 (1) of the Criminal Act concerning the crime concerned;

1. Grounds for sentencing under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The basic area (six months to two years) of the range of special injury, and injury by repeated offense according to the sentencing criteria according to the category of recommendations according to the sentencing criteria;

2. The defendant, who has been sentenced to punishment, has inflicted a bodily injury upon the victim by getting the head of the victim and suffered a bodily injury upon the victim's left hand of another victim. In light of the form of the crime, danger of the crime, etc., the crime is very bad.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various sentencing conditions shown in the records of this case, such as the age, character and conduct, environment, circumstances before and after the crime.

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