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(영문) 서울동부지방법원 2016.09.22 2016고합70
중상해
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal records] On September 27, 2013, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.) at the Eastern District Court (a group, deadly weapons, etc.), and completed the execution of the sentence at the Sungdong Detention House on September 19, 2014.

[2] On March 1, 2016, the Defendant: (a) around 00:20 on March 1, 2016, at the home of the victim D (50 tax) located in Gangdong-gu Seoul Metropolitan Government; (b) while drinking with the victim, the Defendant had a dispute with the victim while drinking with the victim; and (c) he was responsible for the damage inflicted on the victim; and (d) even if he did so, he did not return to the Defendant.

“Along with food and plant, the victim’s face and body were undiscriminatory and lost the victim’s awareness, and the victim suffered serious injury, such as an external booming surgery and a removal of blood species, which requires approximately 3 months of treatment.

Accordingly, the defendant injured the victim's body, thereby causing danger to his life.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Each investigation report (related to cases of the victim's status, opinions of the doctor in charge, etc., attachment of a written opinion, content of the inspection direction, confirmation of the victim's status, medical certificate, and opinion attached);

1. A victim's photograph, on-site photograph, copy of the opinion, photograph, medical certificate, and medical certificate of a disability taken at the scene;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, the current status of personal identification and investigation report (related to confirmation of the same criminal records as the suspect), and statutes;

1. Article 258 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes [the defendant and his defense counsel] : (a) the defendant had a mental and physical weak condition due to the division of mind, evidence of alcohol alcohol, etc. at the time of committing the instant crime;

The argument is asserted.

Mental disorder, as defined in Article 10 of the Criminal Code, is a biological factor, such as mental illness or abnormal mental condition.

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