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(영문) 서울북부지방법원 2019.09.19 2019노1023
상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant, as stated in the facts charged in the instant case, did not have any fact when he was faced with the victim’s face, arms, and chest, and the evidence submitted by the Prosecutor alone is insufficient to recognize that the Defendant was at the time when he was faced with the victim’s face or part.

The Defendant had a mental disorder at the time of committing the instant crime.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below's decision on the assertion of mistake of facts, i.e., ① the victim made a concrete and consistent statement from the defendant to the court of the court below on the background of the assault, how and degree of the assault committed by the defendant, ② the crime video (Evidence List No. 5), it is recognized that the defendant tried to keep the victim's face at his hand, and this corresponds to the victim's statement. ③ The victim made a statement that the victim did not want to be punished by the defendant in court. ③ The victim made a false statement that the victim did not want to be punished by the defendant. ④ The victim was diagnosed by the second 2 weeks prior to the day of the instant case, the victim was diagnosed by the second 2-3 victim, and the victim did not wear the 2-3 victim's pain with the pain of the victim's damage. In full view of the above facts, it is sufficiently recognized that the defendant suffered the injury as stated in the facts charged in this case.

Therefore, the defendant's assertion of mistake is without merit.

The mental disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental disorder is a biological factor, and is caused by such mental disorder as mental illness or abnormal mental condition.

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