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(영문) 대전지방법원 2015.05.14 2014노3251
상해
Text

The defendant's appeal is dismissed.

The judgment below

Among them, the compensation order is revoked, and the applicant for compensation is revoked.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was in a state of mental disability such as intellectual disability at the time of committing the instant crime.

The judgment of the court below that found the defendant guilty of the facts charged in this case even though the defendant had not inflicted an injury on the victims of mistake was erroneous and adversely affected by the judgment.

Judgment

According to the records of this case's determination as to the claim of mental disability, although the defendant is found to have a disability of grade 3 of intellectual disability, in light of various circumstances such as the defendant's dismissal of victim C, etc., and the circumstance leading to each of the crimes of this case, the method and method of the crime, the process of the crime and the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant did not have a weak ability to discern things or make decisions due to the above disability at the time of each of the crimes of this case. Thus, this part of the defendant's assertion is without merit.

The judgment of the court below on the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① from an investigative agency to the court below, the victim C had a dispute with the mother of the defendant, and the victim D, who is his wife, was trying to have the victim D, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, c, ging to c, c, c

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