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(영문) 서울동부지방법원 2021.01.29 2020고단3441
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:50 on September 18, 2020, the Defendant collected cryp from “C” located in Gwangjin-gu Seoul Special Metropolitan City on September 18, 2020, which became a vision for the victim and the victim before drinking the victim D (son and 44 years old), and collected cryp, which was a dangerous object in the table, and caused the victim’s head to cryp the cryp of the victim’s head to crypate the victim’s number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements by victim D phone);

1. Application of statutes on site photographs;

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the types of determination] and the scope of the punishment [the scope of the recommended punishment]; the basic area of the punishment [the scope of the punishment and the scope of the recommended punishment]; six months to two years; and

3. The sentencing factors specified in the arguments of this case, such as the defendant's age, environment, sex, motive and circumstances leading up to the crime, the means and result of the crime, and the circumstances after the crime, shall be determined in the same manner as the order.

Unfavorable circumstances: In light of the attitude of the act and the body part of the damage, the risk was high.

The defendant was unable to receive a letter from the injured party.

The favorable circumstances: The defendant has no other criminal history.

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