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(영문) 부산지방법원 2018.09.13 2018노1913
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to acquire the taxi because he/she attempted to pay taxi expenses when he/she arrives in the house with respect to a mistake of fact.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, the facts in the judgment of the court below can be sufficiently recognized and there are other errors of law by mistake of fact.

subsection (b) of this section.

Therefore, the defendant's assertion is without merit.

B. In full view of various circumstances, such as the Defendant’s act before and after the instant crime and the details of the instant crime, which may be based on the evidence duly adopted and examined by the lower court, the Defendant committed the instant crime under the lack of ability to discern things or make decisions.

It does not appear.

Therefore, this part of the defendant's argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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