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(영문) 서울남부지방법원 2015.06.26 2014노1693
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant had no Handphones while working at night, and asked the world to ask him. However, the police officer did not open a door to show the Defendant and open the door, and there is no fact that the Defendant was shaking the door.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can fully recognize the fact that the defendant forced the police officer to satise and satisfy by the words and actions of the government office, such as avoiding disturbance and walking the satisfy on the earth's satisfy, while changing the identification card and cellular phone to the police officer, and there is no illegality that affected the conclusion of the judgment,

B. According to the record of judgment on the assertion of mental disorder, the fact that the defendant was in a state of drinking alcohol at the time of the instant crime is recognized.

However, in light of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

It does not seem that there was any or weak state.

Therefore, the defendant's argument in this part of the appeal cannot be accepted.

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

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