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(영문) 광주지방법원 2018.11.13 2018노2524
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (a special injury) at the time of the instant case, the Defendant did not have the intention of special injury because, as the victim had been deprived of his/her excessive loss while intending to cut off his/her excessive excess while threatening the victim with excessive roads at the time of the instant case.

B. Each of the crimes of this case with mental disorder committed by the defendant under the influence of alcohol or mental or physical weakness.

(c)

The punishment of the court below (two years of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and investigated, i.e., the following circumstances acknowledged by the court below, i.e., ① the victim suffered injury from the investigative agency to the court of the court of the court below, i.e., the victim made a statement in compliance with this part of the facts charged to the purport that "the defendant was faced with injury as stated in the facts charged in this case, which would be excessively excessive in order to prevent the injury as to the defendant's excessive damages," and that the statement is generally consistent and specific, and its credibility is recognized; ② the defendant threatened the victim with the excessive excessive goods, which are highly dangerous objects that may cause self-injury, as the victim's body part of the body, which is the most important part of the defendant's body. In full view of the fact that the defendant can make excessive damages to his life and it seems that the victim could have sufficiently been injured by excessive losses, and that there was an intentional intentional intent for special injury at least to the defendant.

It is reasonable to view it.

Therefore, the defendant's assertion of mistake is rejected.

B. Determination as to the assertion of mental disorder is based on the circumstances leading to each of the instant crimes, the means and methods of committing the instant crimes, and the circumstances before and after committing the instant crimes.

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