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(영문) 대구지방법원 2014.03.14 2013노3901
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability, as the Defendant was suffering from both extreme and dynamic disorder at the time of each of the facts charged in this case.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the statement of the police suspect interrogation protocol against the defendant as to the determination of mental or physical disability or mental disability, the statement of investigation report (the attachment of a medical certificate, the investigation record 57 pages), and the medical certificate for the preparation of L, the defendant can be acknowledged as having received medical treatment due to the symptoms of stimulative disorder from November 3, 1998 to the present. However, in light of the fact that the defendant made a statement in the police as to each crime in the judgment of the court below in detail as to the time, place, circumstance of violence, the defendant's behavior before and after the crime, etc., and other various circumstances recognized by the records of this case, the defendant did not have the ability to discern things or make a decision at the time of each crime.

Therefore, the defendant's above assertion is without merit, since it cannot be seen as having reached a state of or weakness.

B. Although there are favorable circumstances such as the Defendant’s support for wife and female children before the judgment of the court below on the allegation of unfair sentencing, the Defendant deposited 3 million won under the name of criminal agreement for victim D prior to the judgment of the court below, the Defendant was receiving medical treatment from November 1, 1998 due to stimulative disorder, all of the crimes of this case have been led to the judgment of the court below, and the victim H and the victim G additionally deposited 50,000 won under the name of criminal agreement for each of the crimes of this case. However, there were six major injuries to the victim D at the time of the crime of this case. At the time of the crime of this case, the victim G was the aged (78 years old), the Defendant did not reach an agreement with the victims, and the victims were punished by the Defendant.

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