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(영문) 서울중앙지방법원 2015.05.28 2015노1153
상해
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

(2).

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant was diagnosed of excessive behavioral disorder (ADD), but did not receive proper treatment. At the time of the instant crime, the Defendant committed the instant crime in a state of mental disorder, such as public sulfur disorder, decentralization disorder, depression, and apprehension, and thus, the punishment should be mitigated due to mental disorder.

B. When considering the various circumstances of unreasonable sentencing, the sentence of imprisonment (one year and six months for imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the records of the judgment on the claim of mental disability, the defendant was diagnosed with the name of the ward, such as the depression, hye, and hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye, etc., around September 15, 2014. In light of the facts that the defendant was punished due to the outbreak of violence, but the defendant's assertion does not admit the above defendant's ability to change things or make decisions.

B. The Defendant had been subject to a fine of eight times due to violence.

Considering that Korea has been living abroad for a long time, it can be seen that almost every year has committed similar crimes during the period of residence in Korea.

Furthermore, considering the content of the instant crime, the victim’s vehicle is merely driving the Defendant’s vehicle.

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