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(영문) 서울동부지방법원 2014.10.30 2014노1213
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from severe depression from around 2006. The crime of this case was committed in a state where the ability to regulate appraisal and recognition was considerably lost due to frequent excessive use of depression, and the effect of depression and sacrine sacrine sacrine sacrine was put in a state where there is no normal accident ability at the time when the effect of depression and sacrine sacrine sacrine sacrine sacracra are cut. At the time of the crime of this case, there was a state where the effect was lost due to the sacracracrin sacra and the sacracra

B. In an agreement with the victim of unfair sentencing, the defendant explicitly expressed his intention that the victim does not want the punishment of the defendant after cancelling the complaint, and the family members of the defendant make good care for the defendant in the future to prevent the recurrence of the crime, and the defendant suffers a big difficulty in living in custody due to depression. Thus, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, the defendant has been suffering from the victim's shouldering lids instead of liding lids for eight years, although the defendant was under hospital treatment in 2010, but was under hospital treatment only after he was discharged. According to the past records at the time of hospitalization, the defendant did not have a sense of converging or converging the victim, and the victim did not have any trouble in food level (Evidence 6, 66, 202, 207, 66, 207, 6.20).

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