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(영문) 수원지방법원 2020.01.16 2019노6252
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to mental illness and exploitation.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. The judgment on the assertion of mental disorder is recognized that the defendant suffered from the injury or illness at the time of the crime of this case and drinking, but in light of various circumstances, such as the defendant's act before and after the crime of this case, the method and content of the crime of this case, the circumstances after the crime of this case, the defendant's statement and attitude in the investigation agency, etc., which are recognized by the evidence duly adopted and investigated by the court below, it is not recognized that the defendant was in the state of mental disorder, as recognized by the court below at the time of the crime of this case, in which the defendant was in the state of mental disorder, who

Therefore, the defendant's mental disorder is without merit.

B. Although the circumstances are recognized, such as the Defendant’s confession of the instant crime and reflects his mistake, the victim D’s injury is not serious, the Defendant committed the instant crime in a state of weak mental and physical disorder due to a man’s injury, etc., and the Defendant has no record of having been punished in the Republic of Korea, it appears that the lower court’s sentencing had already been considered.

In addition, the crime of this case is committed against the victim D, who is seated in front of the convenience store without any reason, with a knife the knife, and assaulted the victim E in front of the knife with the above knife. In light of the method and content of the crime, the crime is very poor in light of the method and content of the crime, and if the knife the face of the person is displayed, it may cause a serious danger to the life or body. Therefore, such act needs to be punished, and the defendant is the defendant.

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