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(영문) 의정부지방법원 2017.11.14 2017노2575

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental disorder, such as physical disorder.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was diagnosed by the members of the I Mental Health Department from March 7, 2016 to March 23, 2017 and received outpatient treatment on 17 occasions is recognized.

However, according to the circumstances at the time of photographing CCTV installed in the "G Singing Library" operated by the victim who is the place where the crime was committed, the Defendant appears to have committed the crime before and after the commission of the crime, and the Defendant appears to have committed the act. ② The Defendant from the investigative agency to the said Gsing room stated that his/her memory was clearly recorded, ③ the Defendant’s act does not appear to have been understood as having been performed by himself/herself, even if he/she did not understand the reason at the time, or the horses and actions he/she had committed by the victim, etc. < Amended by Act No. 1485, May 22, 2017; Act No. 1485, May 22, 2017; Act No. 14885, May 5, 2017; Act No. 14885, May 22, 2015; Act No. 1487, Feb. 2, 2015>

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s judgment on the unfair argument of sentencing is based on the floor of the victim at the sing room operated by the victim jointly with the Defendant A.