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(영문) 인천지방법원 부천지원 2018.05.10 2018고단549
특수상해
Text

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

Reasons

Punishment of the crime

On February 22, 2018, the Defendant reported the Victim G (35 tax) of this Defendant’s daily behaviors and vision from “F” located in Seocheon-si, 00:20 on February 22, 2018, and collected a small-scale illness, which is a dangerous object on his/her customer, and caused two heats requiring treatment for about 21 days for the victim.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A written diagnosis of injury;

1. Application of statutes on site and victim photographs;

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

1. As to the Defendant’s assertion of mental and physical weakness under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, the Defendant and the defense counsel had a mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

The argument is asserted.

According to the records, although the defendant was deemed to have drinking at the time of the crime of this case, in full view of all the circumstances such as the background of the crime of this case, the details and manner of the crime of this case, the defendant's behavior before and after the crime of this case, etc., the defendant was in a state that he lacks the ability to discern things at the

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

The reason for sentencing is that the defendant left the head of the victim with a major illness, which is a dangerous thing, and the crime is not very good, and there is a need to strictly punish it in light of the risk of special injury, and the victim was flicking to the police of the defendant.

Inasmuch as there are no circumstances to view the motive of the crime, there is no reason to consider the motive of the crime (in light of the victim’s statement, it appears that the Defendant’s act first endeded the victim’s trial expenses). The crime of this case appears to have been considerably shocked by the victim, and it was not agreed with the victim.

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