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(영문) 서울서부지방법원 2016.05.24 2016고단57
특수상해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 7, 2015, at around 17:40, the Defendant heard the horses from the victim D (65 years of age) who was aware of his/her reputation at the main point of “C” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, about December 7, 2015, and performed a dispute with the victim while drinking alcohol, and got the victim’s head at the beer, which is a dangerous thing on the table, and put the victim’s head at the beer, and put the victim into the tear of the left eye of the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A victim's photograph, victim, or the oral or on-site photograph accompanied by the suspect, who is sent after the hospital;

1. Application of Acts and subordinate statutes of the investigative report (Evidence Nos. 6,8);

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

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the suspended sentence (see, e., Supreme Court Decision 200

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence was determined as ordered in full view of all the elements of sentencing as shown in the arguments.

The defendant's assertion that the defendant was in a state of mental or physical loss or mental weakness at the time of the instant case, because the defendant's assertion that the defendant was in a state of mental or physical weakness at the time of the instant case, such as the fact that there was a high risk of an unfavorable normal behavior, considerable risk of criminal history, including the same kind of power, confession of a normal crime, and

According to the records, although the defendant could be recognized that he was drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

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