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(영문) 청주지방법원 제천지원 2017.09.21 2017고단210

상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:10 on May 16, 2017, the Defendant, on the roads of the new bank head office located in 71 Sincheon-si, and on the roads of the victim C (49) driveries, asked the victim to get out of the damaged person due to the reasons such as drinking while getting on and off a taxi with the influence of alcohol without speaking to the destination, and the victim’s cryp, “cryp,” and the victim cryp, with his hand, she saw the victim’s face. The Defendant saw the victim as a knife over the bottom of the knife and knife the knife of the victim’s face, and tried to knife the part of the victim’s knife with the finger part of the victim’s knife with the finger part of the victim’s face.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs damaged;

1. The Defendant and his defense counsel asserts that the punishment should be mitigated on the grounds that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of committing the instant crime, and thus, the pertinent legal provisions and Article 257(1) of the Criminal Act regarding criminal facts and the selection of punishment.

In light of the background and method of the instant crime, the circumstances before and after the instant crime, and the Defendant’s attitude of statement, etc. acknowledged by the evidence duly adopted and examined by the court, the Defendant was under the influence of alcohol to a certain extent at the time of the instant crime.

Even if so, there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

Defendant

This part of the defense counsel's assertion is not accepted.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances of sentencing and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

It has been 14 times of punishment for violent crime, and in particular, it is 2 years of suspended execution and community service in August of 2016.