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(영문) 대전지방법원 2020.01.31 2018고단4233
상해
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 23, 2018, the Defendant: (a) around 01:25, at the main point of “C” located in Daejeon Taedong-gu Daejeon, and (b) on the ground that the victim did not have personnel management, the Defendant inflicted an injury on the victim, who was in need of approximately 10 weeks of treatment on the part of the victim, on the ground that “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Some of the suspect's interrogation records against the defendant (including D substitute part);

1. Each police statement made to D and E;

1. Application of a medical certificate, damage photographing statute;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant and his defense counsel asserted that the defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the crime of this case. Thus, even though the defendant was under the influence of alcohol at the time, it is difficult to recognize that the defendant was in a state of mental disorder or mental disorder at the time of the crime in light of the method and contents of the crime. The above argument is rejected.

The reason for sentencing is that the defendant committed the crime of this case with injury to the victim even though he had been punished several times due to the crime of violence, and that the crime of this case was committed with serious injury to the victim.

However, the defendant seems to have committed a crime with a victim by contingency while under the influence of alcohol, the defendant recognizes the crime and agreed with the victim smoothly, and other cases, such as character, conduct, environment, etc. of the defendant.

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