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(영문) 대전지방법원 2015.08.13 2015노1882
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (mental disorder) was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

2. According to the evidence duly admitted and examined by the court below, the defendant was found to have drank alcohol at the time of the crime of this case, but on the other hand, in light of various circumstances, such as the background and means of the crime of this case, the defendant's behavior before and after the crime of this case, and the defendant's statement to a certain extent, there was no ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

Since it seems that the defendant did not appear to have reached a state or weakness, the defendant's assertion is without merit.

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

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