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(영문) 인천지방법원 2014.11.13 2014노3376
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of committing the instant crime, the Defendant, even though he was in a state of mental disorder or mental disability, did not recognize the Defendant as either mental disorder or mental disability, thereby affecting the conclusion of the judgment by misapprehending the legal principles on mental disorder.

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

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it does not appear that the Defendant was aware of drinking at the time of the instant crime, but it did not have the ability to discern things or make decisions, and thus, the Defendant’s above assertion is rejected.

Even if the Defendant, as alleged by the Defendant, was guilty at the time of committing the instant crime and was in a state of mental disorder or mental disability.

However, according to the defendant's statement, the defendant is recognized to drink exceeding his own share, so the defendant predicted the occurrence of danger and caused his mental disorder as a child.

The above argument of the defendant is without merit, because it is the case (Article 10 (3) of the Criminal Code).

B. In light of the circumstances that are favorable to the Defendant, such as the fact that the Defendant deposited KRW 2.5 million in the lower court for the victimized police officer, etc., or that there are many crimes suggesting violent inclinations, including the obstruction of performance of official duties, and the degree of injury inflicted by the victimized police officer, etc., and other circumstances that are disadvantageous to the Defendant, such as the circumstances before and after the crime, the Defendant’s age, character and conduct, and environment, etc., and the sentencing conditions indicated in the record, the lower

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