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(영문) 서울남부지방법원 2020.04.28 2019고단6367
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

At around 12:50 on September 8, 2019, the Defendant, at the customer waiting room in Guro-gu Seoul Metropolitan Government (the age of 44), expressed that “D Motor Vehicle Industry Company” operated by the Victim C (the Defendant was at the time of the victim’s head at one time in the victim’s body by taking away the parts of the victim’s face and clothes into 10 times due to drinking the victim’s dwelling at approximately 48 times, on the ground that the victim’s body part and the truck loaded at that location three times and the Defendant’s truck was parked at that location, and the victim’s body part, which is dangerous goods, was loaded at that location, and the victim’s body part was removed at one time.

As a result, the defendant carried dangerous objects and carried them about two weeks of treatment, which requires two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A photograph inserted by the offender at the site;

1. Emergency medical services log;

1. Investigation into a report on internal investigation (on-site investigation);

1. Application of Acts and subordinate statutes to report internal investigation (Submission of medical records, such as photographs of the body part of C above the suspect, and medical certificate of injury), medical certificate, certificate of medical records, and records in an emergency room;

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act and the choice of punishment for the crime, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes [the category 1] Special Injury (the scope of the recommended area and the recommended punishment] special injury [the person in special form] mitigation elements: the mitigated area of punishment [the scope of the recommended punishment], the imprisonment for four months to one year [the scope of the recommended punishment revised according to the applicable sentencing] is inconsistent with the lower limit of the applicable sentencing under the law, and thus the lower limit of the sentence recommended in the sentencing guidelines for six months to one year is inconsistent with the statutory applicable sentencing guidelines.

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