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(영문) 제주지방법원 2014.02.05 2013고단1038
상해등
Text

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

Reasons

Punishment of the crime

The defendant is a person who lives in D in Jeju as a worker for daily employment.

On October 25, 2012, around 19:00, the Defendant, while drinking alcohol at the E-cafeteria located in Jeju City, he was at the victim F (5 years of age) who was working in the same office, was boomed with the victim at a time, and completed fighting with the corresponding materials.

1. On October 25, 2012, around 22:00, the Defendant: (a) found the G Victim’s house at Jeju Island; (b) found the Defendant at the seat of the G victim; and (c) destroyed one of the favorable doors equivalent to KRW 35,00 at the market price, where the Defendant claimed the victim’s objection to the fact that the Defendant did so; and (d) laid the fluor in front of the Victim’s house at the entrance glass.

2. On October 26, 2012, around 06:15, the injured Defendant got the said victim to work in the front of the H “H” way located in Jeju City. On the one hand, the Defendant saw the victim’s face at one time due to drinking, and brought the victim’s face on the floor, “I am son, I am ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker ker s

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of a witness I;

1. A protocol concerning the suspect examination of the accused;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs damaged by the entrance of a victim);

1. Relevant Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for a crime;

1. From among concurrent crimes, the defendant and his defense counsel under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The alleged defendant and his defense counsel asserted that the defendant was in a state of mental disability at the time when he was found guilty of the crime of Paragraph 1 of the judgment, and that the defendant was in a state of mental disability at that time.

2. Determination.

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