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(영문) 서울중앙지방법원 2020.08.27 2019고단4920
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 19:55 on July 14, 2019, the Defendant, while drinking alcohol together with the “C” restaurant located in Jongno-gu Seoul Metropolitan Government, and the Defendant, on the ground that the victim tolds the Defendant’s home, she satisfying the refry powder on the face of the victim on the ground that the victim tolds the Defendant’s home, she satisfying the refry powder on the face of the victim, and she satfyed the ma of the victim, which is a dangerous object on the table, and laid the victim’s ma on one occasion, led the victim’s ma, thereby making it difficult for the victim to know the number of days of treatment.

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

Summary of Evidence

Examination of Police Suspect against Defendant

1. Application of Acts and subordinate statutes to the police protocol of statement of D, on-site photo investigation report (Attachment of photographs of the injured party to the victim);

1. Article 258-2 (1) and Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;

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. Six to five years in imprisonment with prison labor for the range of punishment by law;

2. Scope of the recommended punishment according to the sentencing guidelines [the determination of types] of violent crimes: Special injury, injury by repeated crime [the first category] Special Bodily Injury (the special person concerned] mitigated elements: Insignificant injury, non-won [the area of recommendation and the scope of the recommended punishment] special mitigation range, and two months to one year [the scope of the recommended punishment revised according to the applicable sentencing range] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory minimum limit of the applicable sentencing range, and thus the minimum limit of the applicable sentencing range is in accordance with the law).

3. Determination of sentence: Six months of imprisonment with prison labor, one year of suspended sentence, with respect to dangerous articles, the case is that the injured party's prone is discharged from the hospital, and the risk of such danger is large and not good.

However, considering the favorable circumstances that the defendant is the first offender, the degree of injury is relatively minor, and the victim is not subject to punishment.

The age, character and conduct, environment, and crime of the defendant.

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