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(영문) 부산지방법원 2015.01.23 2014노4175

상해등

Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not commit a crime as stated in Articles 1 through 3 of the instant facts charged, the lower court convicted all of the facts charged. In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The Defendant was in a state of mental disability or mental disability due to the depression at the time of each of the instant crimes.

C. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. We examine the argument of misunderstanding the facts in light of the following: (a) the Defendant made a confession of all the crimes listed in paragraphs 1 through 3 of the facts charged in the instant case at the lower court; (b) there is no reason to suspect the voluntariness of the confession; (c) there is sufficient reinforced evidence, including the protocol of statement of the police with respect to E, K, G, and L, and ③ there is no new circumstance to reverse the confession of the Defendants in the trial; and (c) there is no new circumstance to reverse the confession of the Defendants in the instant trial, the lower court’s finding the Defendant guilty of all the facts charged

B. According to the records on the assertion of mental disorder or mental disability, the fact that the defendant suffers from mental illness such as depression disorder can be acknowledged. However, in light of the background leading to each of the crimes of this case, the method and method of the crime, and the defendant's speech and behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions due to mental illness at the time of each of the crimes of this case.

or weak conditions may not be deemed to have existed.

Therefore, the defendant's above assertion is without merit.

C. Each of the instant crimes on the assertion of unfair sentencing is the victims by allowing the Defendant to fish the booms from the instant item against the victims E and G, who are older persons.