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(영문) 인천지방법원 2015.06.24 2015노1437
절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, the Defendant did not inflict any injury on the victim J with dangerous articles on January 2, 2015, and the Defendant did not assault the police officer L on January 3, 2015, and did not assault the victim N on December 29, 2014.

B. The Defendant was in a state of mental disorder at the time of committing each of the instant crimes.

C. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, as stated in each criminal facts in the judgment of the court below, the defendant committed an assault against the victim N because the defendant, as stated in the judgment of the court below, at around 02:50 of Jan. 2, 2015, sold the parts of the victim J and inflicted injury upon the victim J, and sold them at the hack pipe, which is a dangerous object at around 02:50 of Jan. 2, 2015; and ② on Jan. 3, 2015, at around 07:58, a public official who was working in the cell of the Incheon Samsan Police Station, was saling back the hump of the police officer L while serving at the cell of the Incheon Samsan Police Station, and committed an assault against the victim N on or around 29:50 of Dec. 29, 2014, the above argument by the defendant is without merit.

B. The mental disorder stipulated in Article 10 of the Criminal Act requires that the mental disorder, such as mental illness or abnormal mental condition, other than mental disorder, is lacking or reduced in the ability to discern things or control action accordingly due to such mental disorder. Thus, even if a person with a mental disorder is a person with a normal mental disorder at the time of committing the crime, he/she cannot be deemed a mental disorder if he/she had the ability to discern things and control action (see Supreme Court Decision 2012Do12689, Jan. 24, 2013). In full view of the evidence duly adopted and examined by the court below, the defendant was sentenced to medical treatment and custody on the ground that he/she was suffering from a dead mental disorder at the Seoul Northern District Court on December 16, 2005 and the above judgment was finalized around that time, and it can be recognized that he/she was drinking at the time of larceny on January 1, 2015.

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