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(영문) 서울남부지방법원 2019.08.29 2019고단2185
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 1, 2019, at around 03:30 on March 1, 2019, the Defendant doubtful the appearance of the victim D (the age of 32) in the Defendant’s residence in Guro-gu Seoul Building C, and made a dispute with his wife, taken the face of the victim by drinking home, taken the head debt of the victim by hand and taken the head debt of the victim in the main room (the length of 200cm), and taken the face of the victim by the above dangerous object.

As a result, the defendant carried dangerous objects and inflicted injury on the victim, such as the victim's unexplication of treatment days, and undermining the left eye.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the 112 Reporting Report List, the upper part and part of the victim, and statutes governing field photographs;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. In light of the parts and methods of causing injury to a sentence of sentence, the criminal defendant has a record of having been sent to a home protection case in 2018.

However, the victim's intention to maintain the defendant's family is that the defendant's punishment is not applied, and the defendant's mistake is recognized and reflected.

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