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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2020.09.22 2020노803
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. The Defendant is suffering from mistake of facts and a mental and physical disorder without memory for committing a crime like the crime in the judgment of the court.

The defendant's crime is committed in a state of mental disorder or under the influence of alcohol, and therefore constitutes mental disorder or mental disability.

B. The lower court’s imprisonment (three years of imprisonment) is too heavy in light of the developments leading to the instant case of unreasonable sentencing and the absence of particular criminal records.

2. Determination:

A. According to the evidence duly adopted and examined by the court below regarding mistake of facts, defectiveness, or mental and physical disability, the argument that the defendant has committed a crime as stated in the judgment of the court below is sufficiently recognized, and that the victims and witnesses gather the defendant seems to be the damage loss of the defendant.

Under the influence of alcohol, the defendant seems to be unable to accurately memory his crime.

On February 1, 2020, immediately after the defendant was arrested as the first flagrant offender, the police investigation was conducted on February 1, 2020 as of January 21, 202 as of January 21, 2020, when he was arrested as the first flagrant offender, it appears that he was aware of the following circumstances: (i) the defendant had no mental therapy; (ii) the defendant has made a statement that he would drink and drink; (iii) the defense counsel appears to have received simple credit in the process of destroying a glass window on February 5, 2020; and (iii) the situation of each crime of this case, how and how the crime was committed, how and how to commit the crime; and (iv) the defendant has lost his mental or physical ability at the time of the crime or lacks ability to make a decision.

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