beta
(영문) 부산지방법원 2013.03.26 2013고단640

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 21:10 on January 23, 2012, the Defendant: (a) reported that the victim D (n, 62 years of age) was sneeped at the E coffee store in Geum-gu, Busan, and “I will snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick sn.).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a criminal investigation report and an investigation report (the degree of injury of a victim);

1. The defendant and his defense counsel's assertion on the pertinent Article of the Criminal Act and Article 257 (1) of the Criminal Act regarding the criminal facts and the selection of punishment shall assert that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of each of the crimes in this case.

According to evidence, although the defendant was found to have drinking at the time of the crime, he/she was found to have no ability to discern things or make decisions.

It does not seem to have reached a weak state.

The above assertion is not accepted.