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(영문) 인천지방법원 2014.09.03 2014고단3614

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2014, at around 03:35, the Defendant suffered from the victim C (Nam, 53 years of age) a knife knee knee knee knee knee knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel in Article 62-2 of the Social Service Order Criminal Act are argued to the effect that they were in a state of mental and physical disability under the influence of alcohol at the time of the crime of this case. Thus, according to the records, although the defendant is found to have drinking at the time of the crime of this case, it cannot be seen that the defendant had a weak ability to discern things or make decisions.

Reasons for sentencing

1. The scope of the sentencing guidelines for sentencing [the scope of recommendations] which is a general injury (the scope of recommendations] and the aggravated area (6 to 2 years), which is a special injury (the number of persons under special circumstances).

2. A suspended sentence shall be sentenced in consideration of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc. and the sentence shall be determined as ordered by the court.