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(영문) 인천지방법원 2014.08.28 2014노2335
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder, which affected the conclusion of the judgment, since the defendant, at the time of committing the crime of this case, was in a state that he did not have or lacks the ability to discern things or make decisions for them.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental and physical disorder, it is also acknowledged that the defendant was aware that he took excessive use of drugs at the time of the crime of this case, but he could have a sense similar to philopon medication, such as salphism, when he abused a sense of salphism, etc. (the investigation record 148 pages). Thus, the defendant predicted the occurrence of danger and caused a mental and physical disorder by her own person.

It is necessary (Article 10 (3) of the Criminal Act), and the defendant's above assertion is rejected.

B. Although the Defendant’s erroneous determination on the assertion of unfair sentencing is favorable to the Defendant, the crime of this case is not well-grounded in the nature of the crime that the Defendant committed an injury by expressing the victim’s violent inclination without any justifiable reason; the Defendant committed the crime of this case without weighting even during the period of repeated offense; and the Defendant did not agree with the victim; the Defendant’s motive and circumstance leading to the instant crime; the Defendant’s age, character and conduct, family relationship, environment, occupation, etc.; and other circumstances that form conditions for sentencing as indicated in the record, such as the motive and circumstance leading up to the instant crime; and the Defendant’s age, character and conduct, family relationship, occupation, etc.,

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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