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(영문) 서울북부지방법원 2014.09.19 2014고단2444

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant uses the victim C(63 years of age) and the room, and the main room is the space between the defendant and the person living together in the house of the same structure.

On June 8, 2014, around 00:50 on June 8, 2014, the Defendant, at the second floor room of the house located in Seongbuk-gu Seoul Metropolitan Government, and on the ground that the victim, at the repair stand, took a bath for the victim, inflicted an injury on the victim in need of treatment for about 50 days, when the victim took a part of his face as a drinking, and took part of his face as a drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The defendant and his/her defense counsel's assertion on the relevant criminal facts, Article 257 (1) of the Criminal Act, and Article 257 (1) of the choice of punishment, and the defendant and his/her defense counsel's assertion that the defendant had a state of mental disability due to drinking at the time of the instant case. Thus, according to the records, although the defendant was found to have drinking alcohol at the time, it does not seem that the defendant had a weak ability to discern things or make decisions due to such lack of ability. Thus, the above assertion by

Punishment shall be imposed in light of the following: (a) the degree of injury of the victim on the grounds of sentencing, the agreement with the victim, or the recovery of damage was not made; and (b) the punishment shall be determined as ordered in consideration of various circumstances, including the fact that the defendant is against the confession of the instant crime.