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(영문) 창원지방법원 2014.02.18 2013노1910
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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) shall be attached to the seized jury soil.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in the state of de facto loss, in which the Defendant was in a state of de facto loss having no ability to determine whether the Defendant was in a state of mental disorder at the time of committing the instant crime, by misunderstanding of facts and misunderstanding of legal principles. However, the lower court determined that the Defendant was in a state of mental disorder at the time of committing the instant crime, and found the Defendant guilty of the instant charges. In so doing, the lower court erred by

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The written mental appraisal of the defendant prepared by appraiser M is as follows: "The defendant is a patient with a efficulic personality which shows mental symptoms similar to the present mental state, such as the current pulmonary accident, damage, exchange, unstable emotional distress, unstable appraisal, disorder in reality judgment, patharization, etc. at the time of the crime of this case, and is presumed to have shown mental symptoms similar to those of the present mental state, and it is judged that the ability to discern things and make decisions has been deteriorated." Considering the circumstances leading up to the crime of this case, the means and methods of the crime of this case, the defendant's investigative agency, the court below and this court's statements in this court, etc., in light of the following circumstances: in light of the circumstance of the crime of this case; in light of the defendant's memory and awareness of danger, it cannot be deemed that the defendant was in a state of mental disability at the time of the crime of this case, and therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. The Defendant’s crime of this case of unfair sentencing is in a state of mental disability.

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