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(영문) 서울서부지방법원 2017.11.16 2017고단2448

특수상해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 25, 2017, at around 12:40, the Defendant inflicted an injury on the number of days of treatment, such as the victim E (61 tax) and drinking alcohol in the Eunpyeong-gu Seoul Metropolitan Government, and the beer disease, which is a dangerous object on the customer in the location, caused the victim’s head at one time, and the victim’s head from the head.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to field photographs and photographs of injury to victim E head;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. The act of taking the victim's head to be a beer disease, which is a dangerous thing by the defendant for the reason of sentencing under Articles 53 and 55 (1) 3 of the Act on Reduction of Small Amount of Punishment, is very serious when considering the form of an act, the level and degree of the above circumstances, and the defendant committed this case as it is not only when the judgment of suspended execution becomes final due to perjury, and the defendant committed this case as it is not only because the defendant was punished due to perjury, but also the victim did not want to punish the defendant under each subparagraph, but also does not seem to have genuine intent and efforts by compensating the victim partially, and the fact that the defendant was able to have the same kind of violent crime is disadvantageous.

Provided, That the punishment shall be determined as ordered by considering the following factors, such as the background leading up to other crimes, age, sexual behavior, environment, etc. in favor of the defendant, and the circumstances leading to the crimes.

The Defendant asserts to the effect that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant case.

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.