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(영문) 서울동부지방법원 2018.05.25 2018고합53

중상해

Text

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

Reasons

Punishment of the crime

around 18:15 on February 27, 2018, the Defendant: (a) at the front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City, the Defendant Da (53 Do) expressed the victim’s desire to the Defendant and was dissatisfied with the Defendant’s head; (b) when the victim took the victim’s head, etc. at his/her hand, he/she took the victim’s face over five times by drinking on the right side; and (c) when the victim took the victim’s head at one time with his/her own head on the left side, the Defendant continued to take the victim’s face over 23 times on the left side; (d) 5 times on the face of the victim; (e) 10 times on the left side of the victim’s face; (e) seven times on the right side of the victim’s face, the victim’s inner and bottom of the number of days open to the victim, and (e) caused the victim’s life injury, such as being accompanied by an injury to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (with respect to the state of a victim, listening to the victim’s E-mail statement by a doctor, and listening to the F’s oral statement by a initial medical doctor);

1. Each statement of opinion (Proceedings G, Ph. E., E. E., sexual surgery H, occupational surgery I);

1. Application of Acts and subordinate statutes to CCTV images-fashion photographs and CCTV video recording data;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 258 (1) of the Criminal Act regarding the crime at the time of the crime.

The argument is asserted.

According to the records, it is recognized that the defendant was drinking at the time of the crime of this case.

However, in full view of the circumstances acknowledged by the evidence duly adopted and examined by the court of this case, the method of the crime by CCTV images, the Defendant’s act before and after the crime, and other circumstances after the crime, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to drinking alcohol at the time of the crime.

(b) do not appear.