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(영문) 수원고등법원 2019.08.29 2019노131

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant intentionally inflicted an injury on the victim C at the time of committing the robbery of this case, but the Defendant was unable to drink for six days or longer, and the Defendant strongly resisted by the victim C, and instead did not suppress the victim C, and instead incurred an injury due to the intention of the victim C while carrying the body flag, which was put in the body flag to the victim C, there was no intention to inflict an injury by robbery.

B. The Defendant with mental disorder was in a state of mental disorder because he did not drink for 6 days at the time of each of the instant crimes.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant can recognize the fact that the defendant has inflicted bodily injury on the victim C, such as the victim's face, etc., in a variety of times as shown in the judgment of the court below, and walked several times by drinking and drinking, and the victim C's eye with flick, which requires approximately 2 weeks of treatment, and the victim C with flick, such as 4 cm, flick, flick, flick, and glick, etc., over the right side flick, and flick, which require approximately 2 weeks of treatment. According to the above findings, the defendant's allegation in this part is without merit

B. In light of the background, means and method of each of the crimes of this case, the circumstances after the crime was committed, etc., which were duly adopted and examined by the court below, it cannot be deemed that the defendant had a weak state of ability to discern things or make decisions at the time of each of the crimes of this case. Thus, this part of the defendant's assertion is without merit.

C. The Defendant recognized each of the crimes of this case, thereby opposing his mistake, and the Defendant’s living conditions each of the instant cases.