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(영문) 의정부지방법원 2012.11.09 2012고단2476
상해
Text

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

Reasons

Punishment of the crime

At around 18:30 on April 26, 201, the Defendant, on the ground that he was unboomed from the victim C(the age of 51) who performed alcohol at the front of the amended pharmacy in 131-1, Ma-si, Ma-si, Ma-si, Ma-si, 131-1, was injured by the Defendant, on the ground that he was unboomed from the victim C (the age of 51) who performed alcohol, and was flading the victim’s body due to drinking and growth, and was fladding the victim’s body, the Defendant sustained the injury, such as flading the

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (subject matters of prosecutor's direction);

1. Investigation report (specific suspect);

1. A written diagnosis of injury;

1. A damaged photograph;

1. Application of statutes on field photographs;

1. In light of the relevant legal provisions on criminal facts, Article 257(1) of the Criminal Act regarding the choice of punishment, and the Defendant’s argument on the Defendant’s assertion of imprisonment option, the Defendant’s assertion that the Defendant was in a state of mental disability by drinking the Defendant at the time of the instant crime is deemed to have been in a state of mental disability. According to the aforementioned evidence, it is acknowledged that the Defendant had drinking alcohol at the time of the instant crime, but it does not seem that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime in light of various circumstances, such as the background, means, and the Defendant’s act after the crime

Therefore, the above argument is not accepted.

Even though it is clear that the victim was suffering due to a long-term treatment due to severe injury to the victim in sentencing, it does not seem that agreement has been reached or efforts have been made to reach an agreement for a long time after committing the crime.

Punishment is imposed because the nature of the crime is not good and the circumstances after the crime are not good.

However, the defendant appears to have an attitude against the defendant while making a confession of crime, and the fact that the defendant deposited 3 million won after the conclusion of pleadings shall be considered when determining the term of punishment.

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