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(영문) 서울중앙지방법원 2017.05.10 2017고단1332
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, as a member of the Chinese People's Republic of Korea, entered the Republic of Korea as a tourism visa (C-3-1, and one month of the period of stay) on October 11, 201, and has been illegally staying until November 11, 201, and is disadvantageous to D.

From 02:00 to 04:00 on January 26, 2015, the Defendant performed drinking at G cafeteria located in front of the exit of 12 F Station located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, along with the victim H (28 tax), victim I (28 tax) and the Defendant-friendly job offeringJ, etc.

Since then, the Defendant collected a knife knife knife knife knife knife (10cc in total) which is a dangerous object prepared in advance in the dispute with the victim H on the ground that the victim H knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife on the back 12th page in front of the FJ, and k

As a result, the defendant carried dangerous objects and put the victim H into the open upper part of the double wall requiring approximately two weeks of treatment, and the victim I put about about three weeks of treatment into the right lower part.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, H, and K;

1. Investigation reports (Investigation of CCTVs at the scene of occurrence) and CCTV photographs;

1. Each written diagnosis;

1. Each damaged photograph (the defendant and his/her defense counsel shall not be memory under the influence of alcohol at the time of committing the instant crime;

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 258-2 of the Criminal Act concerning the crime;

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