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(영문) 인천지방법원 부천지원 2018.07.06 2018고단26

특수상해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 22, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act in the support for the installation of a method of water source and childbirth, and the Defendant completed the execution of the sentence in the astronomical Prison on May 17, 2017.

On November 16, 2017, at the D convenience store located in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant: (a) 2 beer disease, which is a dangerous object in the convenience store display unit, and (b) 2 beer who gets away from the victim, left the victim's head once due to one beer disease; and (c) 2 beer disease, the head of the victim was faced with one another, and then the head of the victim was knife and the victim was faced with about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Photographss, such as the site and victims, and CCTV images for crime prevention;

1. A previous conviction in judgment: A written reply to inquiry, such as criminal history, the current status of personal expropriation, and the application of the judgment text;

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

1. As to the Defendant’s defense counsel’s assertion of aggravated repeated crime Article 35 of the Criminal Act, the Defendant’s defense counsel at the time of the instant case

However, in light of the circumstances leading to the instant crime, the means and methods of committing the instant crime, the circumstances before and after the instant crime, and the details of the Defendant’s statement, etc., the Defendant was in a state which lacks the ability to discern things or make decisions.

Since it cannot be determined by a person, the above argument is without merit.

The reason for sentencing (the fact that the defendant is recognized to commit the crime of this case) is favorable to the defendant, the unfavorable circumstances (the defendant has broken the beer's disease for the purpose of exercising force against the victim, the method of committing the crime is poor, and the risk was very high, and the victim is injured without any particular reason.