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대전고등법원 (청주) 2015.05.07 2014노249

The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a flusium behind or in possession of the victim’s friendly acid, and does not assault the victim as indicated in the facts charged.

B. At the time of the instant crime, the Defendant was in a state of mental suffering from drinking.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. Examining the record on the assertion of mistake of facts in light of the records, the court below's decision that found the victim's statement to be guilty of the facts charged of this case is justifiable, and there is no error of law such as misconception of facts as alleged in the grounds for appeal.

B. Examining the relevant legal principles and records as to the claim of mental disability, the judgment of the court below that the defendant did not seem to have had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case is just, and there is no error of law as alleged in the grounds of appeal.

C. In the instant case where the lower court sentenced the Defendant, who is disqualified from the suspension of execution, to the maximum sentence of imprisonment with prison labor sentenced to discretionary mitigation, one year and six months, the argument of the grounds for appeal that the sentencing of the lower court is unfairly heavy is without merit without further examination.

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