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(영문) 광주지방법원 2017.02.24 2016고단5079

특수상해

Text

1. The defendant shall be punished by imprisonment for one year;

2. One blade (No. 1) of seized phrases shall be confiscated;

Reasons

Punishment of the crime

On November 13, 2016, at around 22:30, the Defendant used phrases (19cm in total and 4cm in length) that are dangerous goods to drink mixed drinking at a house, and used phrases (19cm in total and 19cm in length) to report the victim C (23 years in Korea) who was returning home while going back near the house, on the ground that the victim was unsatured and unsatured. On the 14th day of the same month, around 00:01, at around 40:0-1, 3 complexes of the Seo-gu, Seo-gu, Seo-gu, Gwangju, Seo-gu, Seoul, and later, the victim’s right shouldered by the Defendant’s left hand, and then, the Defendant sold the part of the victim’s complete treatment to the left-hand part of the victim’s knife, which requires to be taken by the Defendant’s hand, and the part of the victim’s knife in the left-hand side.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Medical certificate of doctor D;

1. Police seizure protocol, investigation report (suspect of arrest, etc.), and list of reported cases;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment, etc. of seized blades), a report on investigation (Attachment, etc. of clothes worn by a suspect at the time of committing the crime), each photograph (21,30,52 pages of investigation records);

1. Article 258-2 of the Criminal Act applicable to the facts constituting an offense and Articles 258-2 and 257 (1) of the Criminal Act that choose a penalty;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 48 (1) 1 of the Confiscation Criminal Code. The defendant asserted that his responsibility should be mitigated on the ground that the defendant was under treatment with depression and alcohol addiction at the time of the crime of this case, since he was in a state of mental and physical weakness due to mental illness.

However, according to the evidence adopted and investigated by the court, the fact that the defendant was receiving mental treatment due to mental illness at the time of the crime of this case is recognized, but the circumstances leading to the crime of this case, the means and method of the crime of this case, the previous and subsequent actions of the defendant, and the arrest process on the day of the crime of this case.