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(영문) 대구지방법원 2015.10.23 2015노2658
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One (No. 1) of the seized Maberkas (No. 1).

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. Of the facts charged in this case, the part of the injury to carry a deadly weapon among the charged facts of this case constitutes excessive self-defense as it is deemed that the serious victim was able to imprison the disabled defendant while insultingly brucing the Defendant, and that the beer knife knife knife knife knife knife knife knife in order to defend

C. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the records as to the assertion of mental disorder, even though the defendant was in a drunken state at the time of the crime of this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after the crime of this case does not seem to have reached a state where the defendant changed the object at the time of the crime of this case, or lost or lacks the ability to make a decision. Thus, the defendant stated at the investigative agency that "I did not have to the extent that he did not have a mind although he did not have a mind," and "I did not know about the drinking, but did not have to the extent that he did not know about it," and "I stated that "I did not have to the extent that he did not have a mind about it."

The defendant's argument about mental disorder shall not be accepted.

B. Comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the allegation of excessive defense, the type and risk of the deadly weapons used by the Defendant, the part of the attack, and the result of the crime of this case, the Defendant committed a deadly weapon toward the victim who is being satisfed by the first hand, and the victim’s parts, etc. were laid down on one occasion, and continued to lay down the victim’s hand floor.

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