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(영문) 부산고등법원 2017.03.16 2016노773
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Even though the other party who is punished for trial expenses due to parking problems, such as the facts stated in the facts in the judgment of the court below, was not the victim F as indicated in the judgment of the court below, but the other party who is not the victim F as indicated in the judgment of the court below, the court below, in the course of making the victim F and Si expenses due to parking problems such as the facts stated in the judgment of the court below, suffered bodily injury as stated in

In this regard, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The Defendant was in the state of mental and physical loss or mental weakness due to drinking at the time of committing murder committed in the judgment below.

In addition, at the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness due to mental illness, such as damage loss, loss of exchange, decrease in the ability to determine reality, and lack of pathology, etc. [The Defendant was found to have such mental illness in the course of the investigation and trial of the Defendant’s case, such as violation of the Punishment of Violences, etc. Act (a violation of the Busan District Court 201 High Court 7874 High Court 201 High Court 7874 High Court 7874 (a violation of the Act on Punishment of Violences, etc. (a collective or temporary absence, etc.)

The sentence (6 years of imprisonment and confiscation) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also argued to the same effect as the grounds for appeal in this part, and the lower court, based on the evidence in its holding, including each statement in investigation agencies of victim F and in the court of original instance, found the Defendant guilty of this part of the facts charged on the ground that it is sufficiently recognized that the Defendant assaulted the Victim F and inflicted bodily injury as stated in the judgment of the lower court on the part of

The evidence of the judgment of the court below, which was based on the judgment of conviction, is.

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