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(영문) 대전고등법원 2019.07.26 2019노198
존속상해치사등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) In light of the reputation relationship between the Defendant and his father, there was no assault against the victim, who was his father. 2) Special intimidation: (a) the Defendant was the victim, who was her father, and was able to take a hump pipe by seriously preventing the dog from doing so; and (b) there was no hump or hump pipe towards the victim.

B. Under the influence of mental and physical illness, the instant crime was committed in a state of mental disability.

C. The lower court’s imprisonment with prison labor is too heavy.

2. Determination

A. In the lower court’s determination of facts, the Defendant asserted the same purport as that of this part of the grounds for appeal, and the lower court rejected the Defendant’s assertion by providing a detailed statement on the “determination of the Defendant and his defense counsel’s assertion”

The following evidence duly adopted and examined by the court below, i.e., the body of the victim B, a large number of blood tracess found in the victim B's room (which was found in the blood trace presumed to be the blood salvance and the salvance). According to the blood traces of the victim B discovered in military uniforms that the defendant was suffering from the crime, the defendant's statement of the defendant and the victim B's sibling's ordinary life, the records of the defendant's injury to the victim B in the past, the autopsy of the victim's body, and CCTV images installed in the victim H's residence, the crime of this case can be sufficiently recognized.

Therefore, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is not accepted.

B. According to the records of mental and physical disability, the Defendant may recognize the fact of drinking prior to each of the instant crimes. However, in light of the background, means and methods of the instant crime, circumstances before and after the instant crime, etc., the Defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

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