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(영문) 서울서부지방법원 2019.07.26 2019고단1592
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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 March 21, 2019, the Defendant, within the main point of “C” located in Yongsan-gu Seoul Metropolitan Government, on March 21, 2019. On March 21, 2019, mispercing the victim D (the age of 37) (the age of 37) who was faced with a bridge, who was a dangerous object under the influence of alcohol, caused the victim’s head to 5 times, and caused the victim’s head to tear about 30 meters, thereby causing injury in the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes to emergency medical services areas;

1. Article 258-2 (1) of the Criminal Act concerning the relevant criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

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

2. Scope of the recommended sentence 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 area of punishment [limited to the recommended area and the range of recommended punishment], reduction area, imprisonment for four months to one year [limited to the range of recommended punishment corrected according to the applicable sentencing], one year (in cases 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, the minimum limit of the applicable sentencing range shall be set according to the law applicable sentencing range).

3. Circumstances favorable to the determination of sentence: The punishment shall be determined in consideration of the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence, circumstances after the crime, etc., as well as the fact that the defendant has been sentenced to a suspended sentence of imprisonment for the same kind of crime in 2013.

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