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(영문) 대전고등법원 2013.04.03 2013노33
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal in this case was that the Defendant suffered from mental illness, such as alcohol ozone, depression, etc. at the time of each of the instant crimes, and was in a state of mental and physical disability by drinking alcohol.

2. Determination on the grounds for appeal

A. The lower court determined that the Defendant asserted the same as the grounds for appeal of this case at the lower court, and that the lower court determined as follows.

1) A mental appraisal (proof No. 1) has been submitted to the defendant to the effect that the defendant is deemed to have been in a state of mental or physical disability at the time of each of the crimes of this case due to the following: ① in light of the defendant’s usual desire, it appears that the defendant was under the influence of alcohol at the time of each of the crimes of this case; ② in relation to the crime of paragraph (1) of this case, the defendant made a statement by his own memory of the situation before and after the crime of this case; ③ in relation to the crime of Paragraph (2) of this case, it cannot be found that there is no special reason to view that the defendant had weak ability to distinguish things or make decisions in his behavior before and after the crime of this case, which can be known by the statement of the persons concerned; ④ in light of various circumstances such as the circumstance of the crime of this case, the method and method of the crime of this case, and the defendant’s speech and behavior at the time of the crime of this case, it cannot be accepted that the defendant was under the influence of mental or physical disability of each of this case.

B. Examining the above judgment of the court below in comparison with records, the judgment of the court below is just, and it does not seem that the defendant had the weak ability to discern things or make decisions at the time of each of the crimes in this case.

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