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(영문) 대구지방법원 2017.12.15 2017노3739
특수상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime in a state of mental and physical loss or weak mental and physical weakness with the ability to discern things or make decisions.

2) In fact-misunderstanding and misapprehension of legal principles, the Defendant had carried dangerous things inasmuch as the Defendants did not control the water of the glass cups against the victim B by spreading it to the victim B, and carried them with them.

shall not be deemed to exist.

3) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. Defendant B’s punishment (4 million won) sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below of mental and physical weakness, the defendant is deemed to have dysnume at the time of the crime of this case, but comprehensively taking account of various circumstances, such as the background of the crime of this case, the details of the crime, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions at the time of the crime of this case. Thus, the above argument by the defendant is without merit.

2) The following circumstances are acknowledged based on the evidence duly adopted and investigated by misunderstanding of facts and legal principles, the lower court, and the first instance court, and the first instance court. In other words, the victim, “In the police, the Defendant, while drinking with the Defendant, had a dispute over the horse while drinking with the Defendant, she first brought a favorable balance on the table and brought the victim on the table.

그러고 나서 피고인이 발로 피해자의 머리와 옆구리를 찼고 머리채를 잡아 흔들었다.

The content of “the victim specifically stated the damage status,” and ② The victim was broken in the court of the first instance that “the victim tried to spawn the victim’s water in glass cup.”

“Although the statement was reversed by the content of “,” the Defendant reconcepted with glass cups.

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