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(영문) 제주지방법원 2018.09.07 2018고단1490
상해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 4, 2018, the Defendant was sentenced to six months of imprisonment by the Jeju District Court for interference with the execution of official duties, and completed the execution of the sentence in the Jeju Prison on June 11, 2018.

[Criminal facts] The Defendant committed each of the following crimes under the status that the Defendant was unable to discern things or make decisions due to symptoms of alcohol dependence, etc.

1. On June 25, 2018, the Defendant: (a) around 00:21, at the E main shop operated by the victim D in Jeju-si, the Defendant: (b) took a bath without any justifiable reason while sitting in the tables with F; and (c) damaged the table by cutting the table to the floor the floor a total of KRW 50,00 won of the market price, which is the victim’s possession on which the table was placed, by cutting the table to the door.

2. On June 25, 2018, at around 00:26, the Defendant inflicted injury on the Victim F (hereinafter “FF”) who is living alone at the places specified in paragraph (1) at around 00:26, that said, “Sing. 45 years of age,” and the victim’s operation of singing-making devices, carried the victim’s back head after cutting the victim’s back and cutting the victim’s back to the bend, and then carried out an injury, such as crushing and cutting down the victim’s back to the bend part of the bend part of the bend part of the bend part of the bend part of the victim’s drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Relevant photographs;

1. A medical certificate;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and reporting on the fact of release;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 (ex officio mitigation) of the Criminal Act to mitigate mental and physical weakness;

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravation of Concurrent Crimes are contrary to the recognition of the crime.

It is not very serious damage to the crime of damage to property.

As the defendant suffers from alcohol, the above disease is committed in this case.

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