beta
(영문) 서울중앙지방법원 2018.11.22 2018고단6331

특수상해

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 22, 2018, at around 22:35, the Defendant: (a) sold the victim D (n, 43 years of age) who was seated in the next table, while drinking alcohol at “C,” located in Gwanak-gu in Seoul Special Metropolitan City, and did not lend it to the victim, and (b) caused the victim’s injury to the victim, such as the face side and the face of the treatment days, on the ground that the Defendant 50CC glass oil, which was a dangerous article on the table, was dried up to the table, was placed in both hands and hand. (b) On the other hand, the back head of the victim was calculated on one hand, and the victim’s face was calculated on one occasion by continuously taking advantage of other hand, and the victim was injured by the victim’s face as the number of days of treatment days.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. E statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to medical certificates and photographs of victims;

1. The judgment on the assertion of mental and physical weakness by the Defendant and his defense counsel under Articles 258-2(1) and 257(1) of the Criminal Act regarding the crime of this case is deemed to have been drinking a considerable amount of alcohol at the time of the crime of this case, but in light of the background, means and methods of the crime of this case, the act before and after the crime of this case, etc., the Defendant is deemed to have committed the crime of this case under the influence of drinking, and it does not appear that the Defendant was under the influence of alcohol or lacks the ability to discern things or make decisions due to mental illness, etc.

Defendant’s assertion is not accepted.

The reason for sentencing [Scope of Recommendation] Where the aggravated area (one year to three years) (special mitigation (including serious efforts to recover damage) or considerable partial damage is recovered, the punishment motive for the crime and the method of cruel crimes (decision of sentence] are committed against the victim who has committed one of the two women.