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(영문) 서울동부지방법원 2020.04.29 2020고단326
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

On January 7, 2020, at around 03:30, the defendant reported the appearance that the victim E (the age of 32) is able to grow together with D at the house of female-friendly job offers D located in Songpa-gu Seoul building B, Songpa-gu, Seoul. However, the defendant got a part of the victim's clothes due to a cigarette, which is a dangerous object that the defendant was faced, and suffered an injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for six months to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes: Special injury, repeated crime [Type 1] Special injury (special person in the form of punishment]: Reduction elements of punishment: In the area of reduction [the area of recommendation and the scope of recommendation punishment], reduction area of punishment [the scope of recommendation and recommendation punishment], April through one year (the scope of recommendation correction according to the punishment by a short sentence], six months through one year (the lowest limit of punishment by law).

3. The circumstances that are disadvantageous to the decision of sentence: The illegality of the instant crime in light of the means of the instant crime and the part of the injury, etc.; the circumstances that the Defendant was punished by imprisonment with prison labor for six months and one year of suspension of execution on December 22, 2016 due to the same type of crime: The Defendant agreed with the victim smoothly, and the Defendant’s mistake is divided; and the circumstances that may be considered as to the circumstances of the instant crime, including the above circumstances and the circumstances after the commission of the instant crime, are comprehensively taken into account, and the sentencing conditions specified in the trial process of the instant case shall be determined as ordered.

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