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(영문) 서울중앙지방법원 2020.09.16 2020고단3480
특수상해
Text

Defendant

A shall be punished by imprisonment with prison labor of eight months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[Criminal Justice] On January 30, 2019, Defendant A sentenced 8 months to imprisonment with prison labor for an injury, etc. at the Credit Branch of Suwon District Court, and completed the execution of the sentence on September 28, 2019.

【Criminal Facts】

1. At around 03:40 on January 14, 2020, Defendant A’s special injury inflicted an injury on the victim B (Nam, 45 years old) and alcohol, which were located in the packing end of “D” in front of exit No. 3 of Jongno-gu Seoul Jongno-gu Seoul Station, thereby drinking alcohol, and had the head of the victim, who was a dangerous object, and had the victim’s head, and had the victim’s head, and had the victim suffered an injury, such as the remaining string, where the number of days of treatment cannot be known.

2. The Defendant, at the same time and place as above, assaulted the victim A (math and 53 years of age) by setting up against violence of the victim A (math and 53), thereby pushing the victim by hand. In drinking, the victim’s head and face cannot be identified, and the victim’s head and face cannot be identified.

Summary of Evidence

1. One copy of the Defendants’ legal statement, internal report (on-site search and witness’s statement), investigation report (to listen to the testimony by a shot E phone and telephone recording), on-site and damaged photographs, on-site photographs, and beer residues photographs;

1. Previous convictions in judgment: Before disposition and the results of confirmation of the previous disposition; Attachment to a written judgment; current status of expropriation of individuals; and application of statutes by inquiry;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act;

1. Defendant A from among repeated offenders: Defendant A with discretionary mitigation under Article 35 of the Criminal Act: Article 53 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant A’s defense counsel under Article 334(1) of the Criminal Procedure Act asserts that at the time of committing the crime, Defendant A was in a state of mental suffering.

Even if Defendant A was under the influence of alcohol at the time of committing the crime.

Even though Article 10(3) of the Criminal Code is applicable to an act of a person who predicted the occurrence of danger and caused mental disorder by his or her own, that is, the provisions of the preceding two paragraphs.

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