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(영문) 서울중앙지방법원 2019.09.04 2018고단8390
특수상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 9, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and completed the execution of the above sentence on June 8, 2018.

Around 02:05 on September 18, 2018, the Defendant used the “C” room located in Gangnam-gu Seoul Metropolitan Government as an issue of calculating the drinking value with the victim D (34 years of age) and the drinking value. The Defendant inflicted an injury on the victim, such as brain dynasium and two heat dynasium, where he/she used a dangerous article on the table dyke, and continuously took back the part of the victim’s back dynasium using a shoulder glass on one occasion. After the Defendant dynasiums the victim’s face from the above dynasium, the Defendant dynas the victim’s face from the above dynasium, and dynasium the victim’s head on one occasion with his/her left hand, and caused injury to the victim, such as brain synasium and two heat dynas, which require treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. CCTV photographs, photographs of the upper part of the victim, and glass glass photographs;

1. A written diagnosis of injury;

1. Previous convictions in judgment: Application of criminal records, repeated statements, copies of written judgments, and current status of confinement of individuals;

1. Articles 258-2(1) and 257(1)1 of the Criminal Act concerning criminal facts; Article 35 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] the special injury by special injury and repeated crime [the person in special form] the special injury [the scope of the recommended punishment] - the reduction area of the punishment [the scope of the recommendation area and the recommended punishment] - the reduction area of the punishment, the imprisonment for four months to one year [ the scope of the recommendation changed according to the applicable punishment] 6 months to one year (the minimum of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range, and thus the minimum of the applicable sentencing range of the sentencing range recommended by the sentencing guidelines is inconsistent with the statutory minimum of the applicable sentencing range] - the mitigated element: The serious reflective element;

3. Determination of sentence: Imprisonment with prison labor for six months, the defendant is sentenced to imprisonment with prison labor for the crime of this case without being able to commit a repeated crime.

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