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(영문) 서울중앙지방법원 2014.08.29 2014노2139

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of Defendant’s grounds for appeal: Contributory misunderstanding of legal principles and unreasonable sentencing;

2. Determination on the grounds for appeal

A. Regarding the misapprehension of legal principles, the court below stated that "the defendant shall not memory the situation at the time of the commission of the crime" at an investigative agency, which means that the defendant's usual amount of drinking, the amount of drinking immediately before the commission of the crime of this case, the circumstances leading up to the commission of the crime of this case, the means and method thereof, the behavior of the defendant before and after the commission of the crime of this case, the circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime of this case, and the defendant made a statement that "the defendant shall not memory the situation at the time of the commission of the crime." However, this is a comprehensive review of the fact that the temporary memory witness's symptoms (bk-out, ck-out, ck-out, ck-out, ck-out, and hick-out, which affected the entry and interpretation of information by lowering alcohols of temporary memory cells, but in such a case, it seems that the defendant had no ability to discern things or make decisions.

On the other hand, even if the defendant had a disease of ordinary alcohol use, there is no evidence to acknowledge that the above disease was treated prior to the crime of this case, and that the symptoms have reached the military register of the same degree as that of mental illness, or that the behavior control ability at the time of the crime of this case has been significantly deteriorated (i.e., the above mental disorder requires that the ability to discern things or control actions accordingly has been reduced).

The defendant's assertion of legal principles is not accepted.

B. As to the issue of unfair sentencing, even though the defendant is in the period of suspension of execution.