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(영문) 대구지방법원 2017.05.26 2016노4501
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court dismissed the public prosecution regarding the assault among the facts charged in the instant case, and convicted the remainder of the facts charged, and dismissed part of the instant public prosecution in the instant case where only the Defendant appealed on the guilty part, which became final and conclusive. Therefore, only the convicted part of the lower judgment is subject to a party member’s judgment.

2. Summary of reasons for appeal;

A. In fact, the Defendant did not inflict an injury on the victim on the victim with a coinyl chloride finyl chloride containing a finite disease.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness.

(c)

The punishment of 8 months sentenced by the court below is too unreasonable.

3. Determination

A. Comprehensively taking account of the evidence presented by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the Defendant inflicted bodily injury on the victim’s face by displaying the victim’s face, such as the coininyl chloride in which the victim was exposed, as shown in the facts charged.

Therefore, this part of the defendant's argument is without merit.

B. According to the records of the instant case’s determination on the assertion of mental disorder, the Defendant is recognized to have received medical treatment multiple times from the Port Medical Center from November 1, 1994 to March 2017 due to stress disorder, light-to-facel, non-quality depression, alcohol abuse, etc., but even considering such circumstances, considering the background of the instant crime, the method and method thereof, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, etc., it is not deemed that the Defendant did not change the object at the time of the instant crime, or did not have lost or weak ability to make a decision. Accordingly, this part of the Defendant’s assertion is without merit.

(c).

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