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(영문) 창원지방법원 2017.07.12 2017고단1519
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Criminal facts

The Defendant, on January 8, 2017, on the front side of the “D” in Jeju City around 03:30, without any particular reason, was followed by the U.S. Victim E (37 years old) (hereinafter “D”), a U.S. victim E, who was aware of it at the foregoing drinking house, saying, “I am well-being” to the Defendant. The Defendant, “I am a drinking to the victim,” and “I am this;

The term "person to be attached to it once" means a large voice, putting the shoulder of the victim, tightly pushing the victim into the floor, breaking the victim, and then breaking the upper half of the fluored victim's face at several times and drinking the victim's face.

As a result, the Defendant inflicted an injury on the victim in the framework of the part in which it is unclear about 16 weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A general medical certificate;

1. As to the assertion by the defense counsel on the part of the victim, the defense counsel asserts to the effect that the defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime. However, in light of the criminal background, content and method of the crime, the defendant’s behavior before and after the instant crime, etc., which can be duly admitted and examined by the court, the defendant had weak ability to discern things or make decisions under the influence of alcohol.

As such, the above assertion by the defense counsel cannot be accepted.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is the first offender, in depth and reflects his mistake, and the fact that the defendant agreed smoothly with the victim is favorable to the defendant.

On the other hand, in light of the contents of the crime in this case and the situation before and after the crime in this case, the nature and circumstances of the crime are not good.

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