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(영문) 서울북부지방법원 2017.01.12 2016고단3516
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 8, 2016, at around 23:40 on August 23:40, 2016, the Defendant inflicted injury on the victim’s face and body part due to drinking and studio in the room room where the victim D (57 aged) with about 40 stories in Jung-gu Seoul Metropolitan Government cudio 20, on the ground that he faced with the victim’s shoulder in the studio tele corridor, the Defendant sustained the victim’s face and the body part with about 6 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of Acts and subordinate statutes of an drilling letter (Attachment of a medical certificate) and a medical certificate for injury;

1. As to the Defendant’s assertion of the relevant Article of the Criminal Act and Article 257(1) of the Criminal Act regarding criminal facts, the Defendant and the defense counsel at the time of committing the instant crime, where the Defendant had a mental and physical weakness at the same time.

The argument is asserted.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime committed in this case, it is difficult to view that the defendant had the weak ability to discern things or make decisions due to the circumstance at the time of the crime in this case. Thus, the above assertion is rejected

The grounds for sentencing [the scope of recommended sentences] General Injury (the scope of recommended sentences) Nos. 1 (6 to 2 years) [the person subject to special aggravated punishment] and the conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc., shall be comprehensively taken into account under the decision of sentencing (1 to 4) serious injury (the person subject to special aggravated punishment) and other conditions of sentencing as ordered.

- The degree of injury to the victim is serious and not received from the injured - The recognition of the crime and its reflect;

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