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(영문) 수원지방법원 2015.04.03 2014노7651
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, while under the influence of alcohol at the time of the instant crime, was in a state of mental or physical disability or mental disorder. (ii) There was no fact that the Defendant threatened the victims who are police officers, with respect to the injury caused by abandonment of deadly weapons. (B) As to the fact of injury caused by abandonment, the Defendant cannot be deemed to have deserted the victim since he did his best to see the victim at home.

In addition, even before the victim was protected by the defendant, the victim had a bridge on the ground of saves, etc., and had a trouble in savesing food, and it cannot be deemed that the victim was injured on the ground that such saves aggravated state of the victim.

3) From the time when the Defendant began to protect the victim, the victim was unable to move, and the Defendant was frequently hospitalized in the hospital from time to time due to alcohol addiction, making it difficult for the Defendant to satise his body. As above, it is unreasonable to hold the Defendant liable for the crime of injury caused by abandonment, which is not capable of protecting the victim. 4) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The defendant's mental and physical assertion of the mental disorder of the defendant is acknowledged as having been in a state of drinking alcohol at the time of the crime of this case, but it does not seem that there was no or weak ability to discern things or make decisions. Thus, the above defendant's mental and physical assertion is rejected.

B. 1) As to the Defendant’s assertion of mistake of facts, the summary of this part of the facts charged is that the Defendant could have the record of hospitalized in a mental hospital, etc. due to the existence of ordinary alcohol, and even when drinking alcohol, the Defendant had repeatedly filed 112 reports with C by emphasizing C’s intellectual disorder from time to time.

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