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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2014.07.28 2014노3165
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined at the lower court’s judgment as to the assertion of mental and physical disorder, the defendant is deemed to have drinking alcohol at the time of the crime of this case, but even considering such circumstances, considering the background leading up to the crime of this case, the means and method of the crime, the defendant’s attitude and behavior before and after the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant did not have reached a state of mental and physical disorder at the time of the crime of this case, and even if the defendant was in a state of mental and physical disorder at the time of the crime of this case, Article 10(3) of the Criminal Act provides that “the preceding two provisions shall not apply to the act of a person who predicted danger and caused a child’s mental and physical disorder.” According to the defendant’s statement at the police and the prosecutor’s office, the defendant is punished as a fine for assault on August 19, 201, and the defendant can be punished as a victim of this case’s mental and physical disorder at the scene of this case.

As such, the defendant cannot be punished due to mental disorder.

(1) No person shall be granted a reduction of or exemption from punishment due to mental illness.

I would like to say.

Therefore, the defendant's above assertion is not accepted.

B. The Defendant’s judgment on the assertion of unfair sentencing on June 14, 2013.

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