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(영문) 대전지방법원 홍성지원 2015.10.07 2015고단307
상해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 21, 2010, the injured Defendant: (a) was under the influence of alcohol while getting on and off the Etetra motor vehicle driven by the victim D (hereinafter “AW”) on the roads near the Cdadonnam-gun; (b) opened a driver’s seat from the vehicle to the vehicle to the vehicle to the vehicle to get off the vehicle from the victim; and (c) opened a driver’s seat from the vehicle to the vehicle to the outside of the vehicle to get the victim into and out of the vehicle to get the victim into use on the road; and (d) made the victim use it on the road surface for about two weeks for treatment.

2. On October 22, 2010, the Defendant: (a) around 01:10 on October 22, 2010, at a parking lot for the Maritime Police Station, the Maritime Police Station, located in the area southnam-gun, the Defendant: (b) destroyed the Defendant’s property by leaving the victim D and police officers, and putting the victim’s driver’s seat on his/her car; (c) 1,229,195 of the repair cost of the car, which is the victim’s possession, damaged the driver’s seat.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A written diagnosis of injury (the second fact in the market);

1. Defendant's legal statement;

1. The first police statement concerning D;

1. Written estimate;

1. Application of Acts and subordinate statutes to photographs damaged by vehicles;

1. Relevant Articles of the Criminal Act and the point of injuring the option of punishment for the crime: Article 257 (1) of the Criminal Act; Article 366 of the Criminal Act;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes within the scope of the sum of the long-term punishments prescribed in the heavier Crimes) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant's defense counsel on the assertion of counsel under Article 62-2 of the Criminal Act on probation and order to attend a lecture asserts that the defendant was in a state of mental disorder or mental disability as he was unable to recognize due to his mental retardation at the time of the crime of this case and was under the influence of alcohol

According to the records, the defendant present.

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