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(영문) 대전고등법원 2016.07.15 2016노40
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts did not constitute an act as stated in the facts constituting an offense in the judgment of the court below but believed that the court below was guilty of all the facts constituting an offense in the judgment of the court below, thereby affecting the conclusion of the judgment.

2) Even though the Defendant, at the time of committing the instant crime, has failed to have the ability to discern things or make decisions due to the main and depression at the time of the instant crime, the lower court erred and adversely affected the conclusion of the judgment.

3) The lower court’s punishment (6 months of imprisonment and 2 years and 6 months of imprisonment) that was unreasonably unreasonable.

B. Prosecutor 1) The lower court acquitted the victim of the charge of violation of the Child Uniforms Act (child abuse) on the ground that the part of the charge of violation of the Child Uniforms Act, which "it committed emotional abuse that may harm the mental health and development of the victim" was not guilty on the ground of its stated reasoning, is erroneous in the misapprehension of the legal doctrine as to Article 17 subparagraphs 3 and 5 of the Child Uniforms Act, which affected the conclusion of the judgment.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

Judgment

A. As to the Defendant’s assertion of mistake of facts, the lower court, based on the detailed facts as indicated in its holding and circumstances revealed therefrom, can sufficiently recognize the Defendant’s crime, such as the facts constituting the crime indicated in the judgment of the lower court.

The decision was determined.

2) Examining the reasoning of the lower judgment in comparison with the records, the lower court’s judgment is justifiable and acceptable. In so doing, the lower court erred by misapprehending the facts as alleged in the grounds of appeal and adversely affecting the conclusion of the judgment

subsection (b) of this section.

B. According to the result of the Defendant’s mental appraisal that took effect at the trial on the Defendant’s mental disorder, alcohol of the Defendant.

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