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(영문) 춘천지방법원 강릉지원 2013.05.28 2013노97
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not have a frush victim due to a frudial illness, and there was no victim's wife due to the Defendant's act.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts, the lower court found the Defendant guilty of the charges by comprehensively taking account of the evidence duly admitted and investigated, rejected the Defendant’s aforementioned assertion on the grounds of detailed reasons in the part of “decision on the Defendant’s and the defense counsel’

In comparison with the above fact-finding and judgment of the court below, a thorough examination is conducted, and if the statement about the injured party's injury injury and the injured party's injury can be seen as the result of the fact-finding by the court of the first instance, the judgment of the court below which found the defendant guilty of the facts charged is just, and it cannot be said that there is an error of law of misunderstanding of facts affecting the judgment, and the above argument of the defendant is without merit.

B. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental disorder, it is found that the Defendant was in a drunken state at the time of committing the crime, but the Defendant did not have the ability to discern things or make decisions.

did not appear to have existed in or weak condition.

C. There are favorable circumstances for the Defendant in that the Defendant, while under the influence of alcohol, committed a contingent crime, and the victim did not want the punishment against the Defendant.

However, the crime of this case is a dangerous object, so that the victim's left side side knife has reached a knife.

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