logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2021.03.03 2020고단6073
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2020, at around 18:20, the Defendant reported that he had a stringk displayed by his male-gu C on the floor for sale, and had a stringk with C and his body fighting on the ground that the victim D (65 years old) was fighting, on the ground that the victim D (65 years old) was fighting, the Defendant followed the victim's strings by the string of the string and the upper part of the victim's string down to the bottom of the string and the upper part of the victim's string.

As a result, the Defendant carried a dangerous small-scale disease, which is a dangerous object, and inflicted an injury on the victim, such as a sins where it is impossible to identify the number of days of treatment, such as the mouth, sins, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs of police statements made to D and E;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Scope of punishment by law: One to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment [the types] of special injury and repeated injury [the category 1] special injury [the mitigated sentencing person] and where special injury (including serious efforts to recover damage) or considerable partial damage is recovered, [ the scope of the recommended punishment and the scope of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected by the applicable sentencing guidelines] imprisonment for one year (the minimum limit of the sentencing range recommended by the sentencing guidelines is applicable to the case where the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum limit of the applicable sentencing range).

3. Determination of sentence: One year of imprisonment with prison labor, two years disadvantageous to a suspended sentence: The circumstances favorable to the one-time fine records due to the crime of assault: The fact that there is no record of a crime more than a suspended sentence, reflects the fact that there is an agreement with the victim on November 10, 2020 (Evidence Record No. 55). As above, the arguments and records of this case, such as the circumstances unfavorable to the defendant, and the age, sex behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

arrow