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(영문) 대구지방법원 2018.07.26 2018노2002
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime identical to each of the facts charged in the instant case.

Nevertheless, as the court below found the Defendant guilty of the facts charged in this case, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. At the time of committing each of the instant crimes with mental disorder, the Defendant was under the influence of alcohol, or was in a state of mental or physical loss or mental weakness due to dementia.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the judgment of the court below which found the guilty of each of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

subsection (b) of this section.

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

B. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant suffered from mental illness such as dementia at the time of each of the crimes of this case, but comprehensively taking account of all the circumstances revealed in the records, such as the background, means and method of each of the crimes of this case, and the defendant's actions before and after the crime of this case, the defendant has no or weak ability to discern things or make decisions due to mental illness such as drinking or dementia at the time of each of the crimes of this case.

It does not seem that it does not appear.

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

(c)

The fact that the defendant can have been sentenced to fine, suspension of execution or imprisonment for the same crime, and this case is that the defendant used the knife to inflict an injury on the victim who is the former offender and detained him/her, and the victim is trying to punish him/her.

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