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(영문) 인천지방법원 부천지원 2018.08.16 2017고단1923
특수상해
Text

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

Reasons

Punishment of the crime

The defendant committed the following acts under the status that he/she has the ability to discern things or make decisions due to a Compilation mental disorder, etc.:

On December 12:25, 2017, the Defendant: (a) while drinking alcohol with the victim D (65) known in front of the restaurant in Kimpo-si, Kimpo-si, Kimpo-si, the Defendant was able to cast a vote to a candidate other than the presidential candidate supported by the Defendant; (b) he was fluencing away from the quality of fraud, which is a dangerous object at the same time, and was flucing the victim’s head, and was flucing the victim of plastic material.

Accordingly, the defendant carried dangerous articles and carried them to put the victim a second string in the number of days of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (as to the difference in use for the crime)

1. Application of each statute on photographs;

1. Relevant Article 258-2 (1) and Article 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness: The defendant inflicted an injury on the victim with dangerous articles, and the nature of such offense is not good.

The degree of injury is not easy.

The crime of this case seems to have been significantly shocked by the victim.

There was no agreement with the victim.

There are several records of punishment for the same crime.

The favorable circumstances: The mistake is recognized and reflected.

The defendant seems to have committed the crime of this case in the state that he or she has weak mental and physical disorder due to Compilation mental disorder.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the health status of the defendant, family relations, motive and background of the crime, and circumstances after the crime.

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