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(영문) 수원지방법원 2016.12.09 2016노2871
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, erred in the misapprehension of facts, committed an act of misunderstanding the facts and affecting the conclusion of the judgment by misunderstanding the facts, even though the Defendant had no intention to cause harm to the victim, and did not speak the victim’s bath or intimidation.

B. At the time of committing the instant crime, the Defendant was unable to make a decision or decision on the ability to discern things due to a mental division, etc.

C. The lower court’s sentence of unfair sentencing (two years of suspended execution in six months of imprisonment, probation, and confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence adopted and examined by the court below as to the assertion of mistake of facts, the defendant and his defense counsel are not allowed to accept the allegation of mistake of facts, since the defendant kept the door from the corridor in front of the victim's residence, which is a dangerous object at the time of the case, and sufficiently recognized the fact that he threatened the victim with the statement of facts in the judgment below.

B. According to the records of the judgment on the assertion of mental disorder, it is recognized that the defendant was in a state of mental disorder at the time of committing the crime of this case, as recognized by the court below, but in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the circumstances before and after the crime of this case, it does not seem that the defendant did not have the ability to discern things or make decisions to the extent that it can recognize the state of mental disorder at the time of committing the crime of this case.

C. Although the defendant's decision on the assertion of unfair sentencing has a favorable condition to consider the defendant, such as the defendant's occurrence of the crime of this case under the unstable trial due to mental fission, it is dangerous on the other hand.

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