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(영문) 서울동부지방법원 2020.06.11 2020고단1325
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

around 10:07 on April 24, 2020, the Defendant: (a) at the cafeteria B 4, Songpa-gu Seoul, Seoul, 2020, on the ground that the victim E (50 years of age) who is a restaurant customer (50) who works in the D market as a day duty in the D market told the Defendant “breath, so he was drunk.” (b) on the ground that the Defendant was breath, the Defendant, by her hand, made the victim’s face up two times by drinking, with a smelling the victim’s head car and dangerous articles by left hand, into the victim’s face. (c) On the other hand, the Defendant 1 was at the price of the victim’s head two times after the breath of the breath, and the victim’s head was at the price of the breath, which was at the risk of having been stored in the breath.

As a result, the Defendant carried dangerous things and carried them for about two weeks, followed by the need for a medical treatment of approximately one week, such as a video and a ductal column.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Two copies of a medical certificate;

1. On-site photographs and photographs of victims;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to each investigation report (the No. 13, 17, 24 of the evidence list);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. Six months to five years from the imprisonment with prison labor for a prison labor;

2. Type 1 (Special Bodily Inflicting) (Special Bodily Inflicting) (Special Bodily Inflicting Persons): Reduction area of punishment: Reduction area of punishment (the scope of recommending punishment): 4 months to 1 year: Imprisonment with prison labor for a period of 4 months: From 6 months to 1 year (the lowest limit of applicable punishment).

3. The defendant shall be sentenced to a sentence;

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