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(영문) 청주지방법원 2016.07.22 2015노1207
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant - - the misunderstanding of facts, mental and physical disorder- the Defendant did not have any fact at the time and place indicated in the facts charged or at the time and place when she had any doubt or F, and even if there were such facts, the Defendant was suffering from Compilation mental disorder, and even if he had lost a large number of alcohol at the time of the instant case or was in the state of mental and physical loss or mental weakness, the lower court found the Defendant guilty of this part of the facts charged,

B. Prosecutor - Improper sentencing - The sentence of the lower court (five million won in penalty) is too unhued and unfair.

2. Determination as to the Defendant’s misunderstanding of facts and mental or physical disorder

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant's above assertion by the defendant cannot be accepted, since the defendant's assertion of mistake of facts was sufficiently recognized as follows: (a) when and at the time and place indicated in the facts charged, the defendant changed the tenant to the tenant; and (b) damaged the glass of the restaurant operated by the victim D; and (c) when the victim's employee, who was an employee of the above restaurant, attempted to restrain the escape after the destruction, was drinking the victim's left part of the restaurant.

B. The lower court also asserted that the Defendant’s assertion of mental disorder was identical to the grounds for appeal on this part, but the lower court determined, based on the evidence duly admitted and examined, that “The Defendant was aware of the fact that the Defendant was suffering from editing mental fission before committing the instant crime, but thereby, did not seem to have reached a state where the Defendant lacks the ability to discern things or make decisions at the time of committing each of the instant crimes, and rejected the Defendant’s assertion.”

Shebly, the circumstances leading the defendant to commit the crime recognized by the evidence mentioned above, the means and methods of committing the crime, and the defendant's behavior before and after the crime (each of the above cases).

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