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(영문) 서울고등법원 (춘천) 2019.10.30 2019노117
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not request the victim to deliver alcoholic beverages, but did not refuse it. On the day of the instant case, it was difficult for the victim to drive it by means of flat disks, etc., so the Defendant called Mat to order the delivery of the biochemical items, but the victim rejected and unilaterally rejected and cut it, which led to the Defendant to commit the instant crime.

B. At the time of the instant case, the Defendant was in a state of mental disability or mental disability.

C. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The victim made a concrete statement at the police station about the situation in which the victim received the phone at the time to the effect that "the defendant called the son by telephone, and told the defendant that he cannot deliver the phone to the defendant after receiving the phone," and it is difficult for the victim to find any special reason to make a false statement on this part, and therefore, the credibility of the above police statement of the victim is sufficiently recognized.

Therefore, the defendant's assertion of mistake is without merit.

(B) Even if the Defendant’s assertion is true, it does not seem that the nature of the instant crime or the sentencing conditions for the Defendant are different.

In full view of all the circumstances such as the time of the instant crime that was duly adopted and investigated by the lower court, the act of the Defendant before and after the instant crime, the form of the Defendant taken by CCTV, and the conversation between the Defendant and the victim, the Defendant lost the ability to discern things or make decisions due to alcohol or mental disorder or other reasons at the time of the instant crime.

It does not seem that the ability has reached a weak state.

Therefore, the defendant.

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