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(영문) 부산지방법원 2021.01.14 2020노3036
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

The Defendant had mental and physical weakness at the time of committing each of the instant crimes.

The punishment sentenced by the court below (10 months of imprisonment) is too unreasonable.

The following facts acknowledged by the evidence on the assertion of mental disorder are as follows: (a) the defendant is a person with a mental disability with mental disorder; (b) the defendant was diagnosed at the hospital on January 201; (c) the defendant was hospitalized and discharged on several occasions from January 1 to October 2016; (d) the sick was hospitalized and discharged on several occasions due to mental illness (from March 2017 to the prison); and (c) the above sick was a major symptoms of the damage network, exchange, dynamic behavior, etc.; and (d) according to the doctor’s opinion in charge, “The defendant may be suffering from symptoms in absence of periodic outpatient treatment and outpatient treatment; and (d) there is a possibility that the victim may suffer from a recurrence of symptoms; and (e) the defendant has already been aggressively aggressive with the defendant at the time of his/her collision with the victim at the time of his/her pharmacologic treatment; and (e) the defendant has already been subject to the same from January 2011 to October 2016.

Dora Dora

In full view of the contents of the Defendant’s rebuttal statement (2019 order 2782 related to the Defendant’s order), the Defendant appears to have weak ability or decision-making ability to discern things due to the tide at the time of stopping each of the crimes of this case by taking account of the following: (a) the Defendant’s statement by witness to the fact that the Defendant cannot be identified immediately before the crime was committed (2020 order 1690, 1826 related to the 2020 order order) and the statement by witness (2020 order 1690, 1826).

3. Conclusion.

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