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(영문) 대전지방법원 2019.10.04 2019노1335
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the Reasons for Appeal: The defendant cannot be deemed to have been in a state of mental disorder at the time of committing each of the crimes in this case, and the defendant had the ability to make a decision or decision on the defendant's weak ability to discern the marina things.

2. On the grounds indicated in its reasoning, the lower court determined that the Defendant was in a state of mental disorder with significant impediment to the ability to discern things or make decisions because the Defendant failed to develop the overall recognition function, such as the accident function, performance, and judgment function at the time of each of the instant crimes.

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and it is not recognized that there is an error of mistake of facts or misunderstanding of legal principles as alleged by the prosecutor

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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