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(영문) 서울북부지방법원 2020.09.11 2020고단1306
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 became final and conclusive.

Reasons

Punishment of the crime

On December 14, 2019, at around 21:40 on December 21, 2019, the Defendant suffered an injury that needs to be treated for a certain number of days, such as the Defendant’s head and tearing of the victim, on the part of the suspect, who was in danger of chemical flight, in the Dobong-gu Seoul Metropolitan Government B and C, in drinking with the victim D (5 years of age) and drinking with the victim D (55).

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of the suspect interrogation protocol of the police about D ( telephone conversations of wooden E) and application of field photographs, victim and suspect photograph Acts and subordinate statutes to D;

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 favorable circumstances):

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. Extent of the recommended sentence according to the sentencing guidelines (determined of types) of violent crimes, the special injury, the injury by repeated offense and the injury by repeated offender (including any serious effort to recover damage): Reduction element of punishment (including the area of recommendation and the scope of recommendation): Reduction range), reduction range (the scope of recommendation range and recommendation range), period of four months to one year (the scope of recommendation range corrected by applicable sentences) by imprisonment for six months and one year (where the lower limit of the range of punishment recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of applicable sentences, the lower limit of applicable sentences in law shall prevail according to the statutory applicable sentencing range).

3. Although the Defendant had been sentenced to a fine twice for violent crimes, the Defendant committed the instant crime at the same time, and there was no risk in light of the implements of the instant crime or the parts, etc. of the Defendant’s wife.

On the other hand, the defendant recognized the crime and made a mistake against the defendant.

The above violence criminal records are 2 to 30 years, and the victim's head seems to be the victim's head, who is a dangerous object, while drinking with the victim.

The victim does not want to be punished against the defendant by mutual consent with the victim.

Such circumstances and the age, character and conduct of the defendant.

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