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(영문) 수원지방법원 안양지원 2020.05.07 2019고단2038

특수상해

Text

A defendant shall be punished by imprisonment for not less than eight 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 June 28, 2019, the Defendant: (a) around 22:27, and around 22:27, at the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, and D D D D D D D D D D D D, D D D D D D D D D D D

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A medical certificate of injury, and a written opinion;

1. Photographs of the victim at the time of investigation;

1. Each report on investigation;

1.Each internal report, - internal and external photographs of clothes he was in possession of himself at the time of his commission; and

1. 112 Reporting case handling table; and

1. Application of the Acts and subordinate statutes governing CDs for producing DNA CCTV images;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Probation Criminal Act

1. Although the defendant alleged that he had a mental disorder at the time of committing the instant crime, in light of the background, means and method of each of the instant crimes recognized by the record, and various circumstances such as the defendant's behavior before and after the instant crime, the defendant did not have the ability or ability to make a decision to discern things due to tide or mental disorder at the time of committing the instant crime.

Since it cannot be seen that there was or was a weak state, the above assertion is rejected.

2. The Defendant asserts that, at the time of committing the instant crime, the Defendant carried dangerous articles and did not inflict any injury on the victim.

The defendant's distribution is made to the CCTV at the entrance of towing dividends in the following circumstances, which are acknowledged by the evidence duly adopted and examined by this Court: