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

Punishment of the crime

On June 20, 2017, around 02:48, the Defendant found the victim E (at least 49 years of age) who was drinking together with alcoholic beverages, and found the victim E (at least 49 years of age) who was talked with other musical instruments. On June 20, 2017, the Defendant: (a) discovered the victim who was talked in the other musical instruments; (b) laid the victim’s head to the bed, and (c) laid the victim’s head to the bed; and (b) laid the victim’s head to the bed for about two weeks.

The Defendant carried these dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and his defense counsel regarding the photograph (victim E-victim’s body, beer’s disease photograph), and the written diagnosis of injury. At the time of the instant case, the Defendant had been in a physical and mental state by drinking.

The argument is asserted.

According to the records, even though the defendant was aware that he had engaged in considerable drinking at the time of the instant case, in light of the circumstances before and after the instant crime, the background leading to the instant crime, the defendant's behavior at the time, etc., the defendant was in a state of mental and physical weakness which lacks the ability to discern things or make decisions.

does not appear.

Even if the defendant was physically and mentally weak,

However, considering the criminal records of the defendant, the risk that the defendant might take place after drinking was predicted in advance and the defendant's mental and physical weakness was omitted.

As such, the so-called "free act in the cause" under Article 10 (3) of the Criminal Act is not subject to mitigation of mental and physical weakness.

Therefore, the defendant and defense counsel's arguments are not accepted.

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for the sentencing of Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment [the scope of the recommended punishment according to the sentencing guidelines] - One type of special injury for repeated bodily injury (special injury for repeated bodily injury).