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(영문) 수원지방법원 2016.06.02 2016고단1231
상해등
Text

A defendant shall be punished by imprisonment for one year.

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

"2016 Highest 1231"

1. On December 10, 2015, the Defendant: (a) around 20:55, the head of the Dong-gu, Ansan-si, a member of Ansan-si, demanded that the victim E (hereinafter referred to as the “victim E”) who was a guest, was able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to d

"2016 Highest 2292"

2. On April 28, 2016, at around 18:50, the Defendant took part in G convenience stores in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu with the victim H (50 years of age) who was drinking together with the victim H (50 years of age) who was a part of society, and took part in a dispute with the victim’s face, making it possible for the Defendant to take part in drinking, and made three times the head of the victim’s head with concrete brick, which is a dangerous thing on the road.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

[2016 order 1231]

1. Statement by the defendant in court;

1. E statements;

1. A written diagnosis of injury (2016 highest group 2292);

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to the scene or a deadly weapon;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. As to the Defendant’s assertion of mental and physical weakness under Article 62-2 of the Criminal Act and the community service order, the Defendant and his defense counsel had been in a state of mental and physical weakness by drinking while committing each of the instant crimes.

Therefore, according to the records, even though the defendant was aware that he had drinking at the time of each of the above crimes, the defendant's ability or intent to discern things at the time of the above crimes is determined in full view of the circumstances leading to the crime, the means and methods of the crime, and the circumstances before and after the crime.

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