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(영문) 광주지방법원 2017.11.02 2017노3140

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit any assault against the victim D on May 26, 2017, and Defendant 1 did not agree to walking a police officer’s bridge on June 5, 2017, but did not result in any injury.

2) The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the first and second crimes as indicated in the lower judgment.

3) Improper sentencing of the lower court (a fine of 2 million won for the crime Nos. 1 and 2 of the lower judgment’s holding) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. According to the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts (such as victim D, G’s statement, opinion opinion, photograph, etc.), the fact that the Defendant assaulted the victim D’s head debt by taking scam and taking scam, etc., and that the Defendant inflicted an injury on the police officer G by assaulting the police officer G in need of two weeks of medical treatment may be acknowledged.

The defendant's assertion in this part is not accepted.

3. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a state of drinking alcohol at the time of committing the crime Nos. 1 and 2 of the judgment of the court below, in light of the circumstances of the instant crime, the method and method of the crime, and the circumstances after the crime, etc., the Defendant was in a state of having no or weak ability to discern things or make decisions due to drinking

It does not seem that it does not appear.

This part of the defendant's assertion is rejected.

4. In light of the methods, contents, etc. of the crime committed by Articles 1 and 2 of the judgment of the court below as to both of the alleged unfair sentencing, the crime Nos. 1 and 2 of the judgment of the court below is a crime under the suspension period of execution of the general building fire prevention, and the victim D wishes to punish the defendant.

However, the defendant has been suffering from mental and alcohol addiction before several years.