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(영문) 인천지방법원 2018.07.11 2018노1508
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Mental and physical disorder 1) The Defendant was in a state of mental and physical loss or mental weakness at the time of committing this part of the crime, due to the fertility dystrophism as indicated in the lower judgment.

2) The Defendant was in a state of mental and physical loss at the time of committing this part of the crime due to dyslexic cerebral cerebral cerebral Bribery in the lower judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. (1) According to the reasoning of the lower judgment on the assertion of mental or physical disorder, the record of this case reveals the following purport: (a) on October 1, 2013, the fact that the Defendant suffered from brain resistant disease; (b) hospitalized treatment in a care center and a N hospital hospital hospital; (c) on October 1, 2013, the medical records of the medical care and custody center, the fact that “the Defendant had shown violent actions in the state of being deprived of memory after the outbreak of the first time of the first time of the entrance into the center; and (d) on December 20, 2017, the doctor in charge of N hospital showed that “the Defendant, even after the outbreak of a large quantity of pharmacologic treatment on both sides of the dystrophism, was conducted more than two to three occasions a month; and (c) the Defendant’s opinion that it was impossible to completely memory the Defendant’s symptoms immediately after the outbreak of a large quantity of symptoms.”

However, in light of the following circumstances, which can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below (in particular, a mental appraisal report to the defendant), the background and content of the crime, the defendant's act before and after the crime, the circumstances after the crime, the attitude in the investigation and trial proceedings, etc., the defendant had been in a state of loss or lack of ability to discern things or make decisions at the time of the crime in this part.

Therefore, the defendant's above assertion is without merit.

(1)

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