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(영문) 인천지방법원 부천지원 2019.01.10 2018고단2500

상해

Text

A defendant shall be punished by imprisonment for four 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 17:00 on August 12, 2018, the Defendant, while drinking alcohol at the “C” office located in Bupyeong-si B, Seocheon-si, 2018, expressed the Defendant’s desire to “C” (the age of 52) to “C,” and brea the victim’s neck with his head at the cooling house located in the office by pushing the victim’s neck with his hand, and suffered injury, such as the victim’s neck and the chest part, which requires approximately two weeks of treatment.

[Defendant and defense counsel asserted that a dispute arises in the course of the victim’s abusiveing with the victim, and the victim’s act constitutes self-defense in order to defend himself/herself against the victim. However, according to the evidence duly adopted and investigated by this court, the victim D’s legal and investigative agency took a bath to each other. However, the defendant was faced with the victim’s breath because he/she was faced with breath, and he/she was consistently and specifically stated that the defendant was faced with breath, and the breath of the breath and the breath of the breath and the breath of the breath, and the above statement appears to have considerable credibility. According to the above statement, the victim did not perform aggressive acts first, and the defendant’s act does not appear to be an act to defend him/her. Therefore, the above argument is without merit.]

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal accidents (Attachment of a medical certificate of injury of a victim), and report internal accidents;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. According to the purport of Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and the entire purport of the instant records and arguments, the Defendant suffers from comprehioned editing diseases, and in light of the content, attitude, etc. of the statement in the court, the Defendant has mental illness, and such disease constitutes the instant crime.