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(영문) 창원지방법원 2017.08.30 2017고단1991
특수상해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

The request of the applicant for compensation shall be dismissed.

Reasons

Criminal facts

On June 7, 2017, the Defendant: (a) was in the Fing room located in Seongbuk-gu, Sungwon-si, Sungwon-si on June 7, 2017; and (b) was in peace.

G During the issue that H, as the president of the singinginging bank, was dissatisfied with H, with the other customer’s drinking place, he was dissatisfied with G, who first thrown away G, and then sing off the empty beer who was on the table, and “I have found the president’s office;

In the absence of the president, death shall be made.

Recognizing that it is called “,” and returned to the said singing room, the victim’s knick, which is a dangerous object found in possession of the victim D(67 years) who was divingd in the waiting room, led to opening the knick with the victim’s right knife and the knife, requiring approximately two weeks of treatment to the victim once, and the victim’s knife and knife, requiring approximately three weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, D, and G;

1. A protocol of seizure and a list of seizure;

1. An appraisal report or a gene appraisal report;

1. The Defendant and his defense counsel asserted that the Defendant and his defense counsel had mental and physical weakness under the influence of alcohol at the time of committing the instant crime. However, in light of the background and content of the crime, the content and method of the duly admitted and examined evidence, the Defendant’s behavior before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's reasons for sentencing under Article 32 (1) 3 and Article 25 (3) 3 (the scope of liability for damages is not clear) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation.

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