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(영문) 인천지방법원 2012.12.21 2012노2845
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is the fact that the defendant assaulted the victim and inflicted an injury on the victim; however, the defendant did not inflict an injury on the victim by an acting seat, which is a dangerous object, and at the time, the defendant was in the state of mental and physical disability or mental disorder caused by the mental disorder, and in light of the various circumstances of this case, the punishment (one year and six months of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below and the court of first instance as follows: ① The victim consistently stated that: (a) the defendant was faced with his chests of the defendant from the investigative agency to the court of the trial; (b) the defendant was faced with the wall; (c) the defendant was faced with the hands of the defendant; (d) the defendant was faced with the hands of the defendant; and (e) the knife was left with the hand; and (e) the knife was taken by the knife; and (e) the knife was discovered at a minor place away from the scene of the crime; (b) the victim’s photograph (12 pages of the investigation record) and the statement of injury (the investigation record 24 pages); (c) the knife of the victim’s injury discovered and submitted by the victim at the scene of the crime; and (e) the defendant’s allegation that the defendant caused a mistake of facts against the NA’s injury is sufficiently consistent with the NA.

B. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of misunderstanding legal principles, it is recognized that the defendant was a person with a disability of the fourth degree due to cerebral disease, and is somewhat lacking in the ability to distinguish it, but the circumstances after the crime of this case, etc. of the

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