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(영문) 수원지방법원 2015.10.08 2015노2879

폭력행위등처벌에관한법률위반(공동상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was, at the time of committing the instant crime, in a state of mental disorder, such as mental disorder, mental disorder, and mental disorder, etc., by drinking and having the wife in the head.

2. The judgment of the defendant, even though the defendant was suffering from the head by exceeding the alcohol while drinking at the time of the crime of this case, in light of the background and method of the crime of this case and the circumstances before and after the crime of this case, it cannot be deemed that the defendant was in a state where the defendant lacks the ability to identify things or make decisions, and therefore the above argument by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

[However, in the application of the law of the court below, the "Act on the Punishment of Violences, etc." is obvious that it is a clerical error in the "former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014)", and thus, it shall be corrected ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure.