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(영문) 서울고등법원 2018.02.07 2017노3017
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of facts. 1) The Defendant did not use the knives with the victim I when her knives are applied or when her knives are applied.

2) The Defendant was fighting with the victim’s body and did not have a head due to drinking, and the Defendant was found to be in order to kill the victim and did not have a purpose of retaliation against the police report.

However, the court below erred by misapprehending the facts, and thereby assaulting the victim D for the purpose of special violence and retaliation against the victim I.

In other words, the court has determined the person.

B. At the time of committing the instant crime with mental and physical weakness, the Defendant had weak ability to discern things or make decisions due to polar disorder.

(c)

The punishment of the lower court (a two and a half years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The Defendant also argued the same purport in the lower court’s judgment as above. As to this, the lower court stated the detailed circumstances in the last 5th or 6th or 19th 19th 19th son of the judgment, and the Defendant assaulted the victim D for the purpose of retaliation against the report by using the victim I’s knives and knife knife.

The decision was determined.

Examining the circumstances admitted by the court below in light of the evidence duly admitted and investigated by the court below, the judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendant.

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

B. According to the record of judgment on the assertion of mental and physical weakness, the Defendant received medical treatment from a member of AD located in Gwanak-gu in Seoul Special Metropolitan City from March 10, 2017 to June 12, 2017, and it is recognized that the doctor in charge of the above hospital expressed his/her opinion that the Defendant suffers from the dynamic disorder and well-being state, thereby having the risk of an accident.

However, the circumstances leading to the instant crime, the means and methods of the instant crime, and the subsequent crimes.

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