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(영문) 창원지방법원 진주지원 2017.01.10 2016고단1146

상해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was sentenced to 15 years of imprisonment for committing murder at Daejeon High Court (Cheongju), and on October 1, 2015, the Defendant was sentenced to imprisonment with prison labor at the Changwon District Court for a violation of official duties and is in the execution of each sentence in the Jinju Prison.

On November 2, 2016, the Defendant: (a) around 12:30, Jinju-si, Jinju-si, 23 p.m., 23 p.m., at 39, Jinju-dong, D (48 years old) of the victim D (48 years old) who was accommodated in the same living room C in Jinju-dong, located in the same living room C, and (b) was divided into an organization and was pointed out as well; (c) the victim was seated in front of the entrance of the living room; and (d) the victim was able to take part in the victim’s face, by making it difficult for the victim to take part in the victim’s face, and then, (d) the victim suffered injury, such as a non-finite, requiring approximately four weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. D's self-statement, E's work report, and diagnosis report;

1. Previous convictions in judgment: Inquiry about criminal history, application of each written judgment, certificates of confinement, and the current status of personal confinement;

1. As to the Defendant’s assertion on the crime in question, Article 257(1) of the Criminal Act provides that the Defendant was in a state of mental disorder at the time of committing the crime. However, in light of the circumstances such as the background and method of the crime in this case, the contents of the crime, the Defendant’s act before and after the crime in this case, it cannot be deemed that the Defendant was in a state of loss or lack of ability to discern things at the time of committing the crime in this case, and thus, the above assertion