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(영문) 부산지방법원 2015.11.13 2015노3034
상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the lower judgment, there was no fact that the Defendant inflicted an injury on the victims in relation to the part of the lower judgment (2014 highest 9971) and the part in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) (2015 highest 2259). The Defendant was under the influence of alcohol at the time of each of the instant crimes, and thus, was in a state that the Defendant was unable

3) The punishment of the lower judgment (one year and six months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. Determination:

A. In full view of the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant inflicted an injury on the victim E and H as stated in the judgment below, so the above argument by the defendant is without merit.

B. We examine the defendant's argument about mental disorder. According to the evidence duly adopted and examined by the court below, according to the records of this case at the time of committing each crime of causing property damage, the defendant cannot be found to have drinking alcohol at the time of committing each crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

In light of the circumstances leading to the crime, the method and method of the crime, the circumstances after the crime, etc., even though they were aware of the fact, they did not have the ability to discern things or make decisions.

The defendant's assertion is without merit, since it cannot be seen as having reached a weak or weak state.

C. Although the degree of damage to each of the instant crimes is relatively large, it seems that the Defendant had the same record at multiple times, the Defendant committed another of the instant crimes during the period of repeated crime due to the same kind of crime, and the Defendant continuously and repeatedly committed the instant identical crimes.

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