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(영문) 광주지방법원 목포지원 2018.05.28 2018고단162
특수상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 5, 2018, the Defendant, while drinking with the victim F (54) who was aware of the victim F (54) in the E-state located in Sinpo City E on March 5, 2018, did not know the victim while drinking together with the victim F (54) in the course of doing so, and was in a dispute with the victim, he saw the victim's face, which is a dangerous thing at the victim's face, and put the victim into the part of the victim's head, and put the victim's head into the part of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on occurrence and on-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim F);

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. As to the assertion of mental disorder under Article 62(1) of the Act on the Suspension of Execution, the defendant and his defense counsel had a mental and physical loss or mental weakness by drinking at the time of committing the instant crime.

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

The circumstances that are disadvantageous to the reasons for sentencing: The fact that there is a high risk of causing severe results, the circumstances favorable to the fact that there are several times of punishment for violent crimes: The defendant has committed a violation against the defendant's mistake in depth, and the victim and the injured person have agreed smoothly with the victim that they do not want to be punished by the defendant: the decision of the sentence shall be made in full taking into account all such circumstances as above and the defendant's age, sex, career, home environment, motive and means of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime,

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