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(영문) 대구지방법원 2013.11.29 2013노3091
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act), the Defendant cited a knife and knife the victim K's chest, and did not pose a threat thereto.

B. The Defendant suffered from dementia at the time of the instant case, and was in a state of mental disorder under the influence of alcohol at the time of the instant case.

C. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. The following facts acknowledged by the record of the argument of mistake of facts are consistent from the investigative agency to the court of the court below, namely, the victim K has consistently stated that the defendant brought a knife knife knife and threatened himself. The victim K stated in the on-site visit report that the defendant knife knife and knife knife knife with his back and knife, and the defendant died and threatened himself. The defendant stated that knife knife knife knife knife knife knife was lost by the victim K but did not pose a threat. The victim K was knife knife knife knife knife knife knife k's knife used for fixing the knife of knife k's knife.

B. According to the record of the determination on the assertion of mental disorder, the Defendant was hospitalized in several times with alcohol dependence on the following facts: (a) due to alz’s personality disorder, personality change, and behavioral disorder, the Defendant was in a state requiring continuous observation and psychotropic observation; and (b) the Defendant was hospitalized on several occasions with alcohol dependence.

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