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(영문) 창원지방법원 2016.08.25 2016노1133
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was in the state that the Defendant did not have or lacks the ability to discern things or make decisions at the time of committing the crime.

2. In light of the following factors: (a) the Defendant was at the time of committing the crime; (b) the background leading up to the crime; (c) the means and methods of committing the crime; and (d) the circumstances after committing the crime, there was no or weak ability to discern things

Therefore, 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 grounds that it is without merit, and is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, “Application of the Act and subordinate statutes” of the lower judgment is “Article 3(1)39 of the Punishment of Minor Offenses Act” among “Article 3(1)39 of the Punishment of Minor Offenses Act (amended by Act No. 12844, Nov. 19, 2014).

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