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(영문) 서울남부지방법원 2019.05.24 2019고단224
특수상해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 25, 2018, the Defendant: (a) around 21:15, on the ground that the victim D (63 years of age) who fested alcohol within Yeongdeungpo-gu Seoul Metropolitan Government, was slick and slicked, and was in danger of being slicked and slicked, and the head of the victim’s head was cut twice and the number of days of treatment cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of damaged photographs and on-site photographs statutes;

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

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

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of violent crimes (Type 1] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodis: [The scope of the recommended punishment and the range of the recommended punishment] mitigated area, four months to one year [the scope of the recommended punishment corrected according to the applicable sentencing guidelines] sentenced to six months to one year (the lowest limit of the sentencing range recommended by the sentencing guidelines is different from the statutory applicable applicable sentencing range, and therefore the minimum limit of the applicable sentencing range is applicable

3. Determination of sentence: Determination of sentence shall be made in full view of various circumstances, such as the defendant's age, character and conduct, environment, relationship to the victim, motive, means and consequence of the crime in this case and the circumstances after the crime, and the sentencing conditions appearing in the records and arguments.

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