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(영문) 의정부지방법원 2018.10.05 2018고단1537
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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 March 16, 2018, the Defendant, at the “D cafeteria” located in the Government-Si of the Gyeonggi City, around 04:11 on March 16, 2018, carried out the part of the victim’s right side side part once knife, which is a dangerous object that had been cited without good cause while drinking the victim E (32 taxes) and drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute on photographs;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 62-2 of the Social Service Order Criminal Act alleged to the effect that they were in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime. Thus, according to the evidence adopted and examined by the court, the Defendant appears to have been in a state of drinking alcohol at the time, but it cannot be deemed that the Defendant did not have the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

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