logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.23 2020고단1358
특수상해
Text

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

At around 19:40 on April 27, 2020, the Defendant used a common kitchen of Yongsan-gu Seoul, Yongsan-gu, Seoul, on the ground that the victim C (the age of 37) used a mobile phone, used a string of the mobile phone, and spacked a knife (the total length: 32 cm, the knife length: 20 cm) that was dangerous in the state of the west, and the Defendant sustained the victim who was seated in the knife due to the knife of the victim's right chest at a single knife treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (to hear victim's telephone statements);

1. Photographs related to the special injury B;

1. A general medical certificate;

1. Application of the existing Acts and subordinate statutes under subparagraph 1 of this Article;

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 for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 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 determination of types] of violent crimes: Special injury, repeated crime [the category 1] special injury (including a serious effort to recover damage], or damage recovery to a considerable part [the scope of the recommended punishment and the recommended punishment], mitigation area, imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing guidelines] 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 law, because the lowest limit of the sentencing range recommended in the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service, and 80 hours for a defendant who has inflicted an injury on the victim in a knife; the degree of injury to the victim is not serious; the defendant agreed with the victim; and one million won for the crime of injury in 199.

arrow