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(영문) 광주지방법원 2014.07.17 2014노998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to self-harm a person under the influence of alcohol, the Defendant was frank, and the victim was injured in the process of cutting off his or her drunk disease, but there was no intention to injure the Defendant.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the victim: (i) destroyed the Defendant’s main illness on the table, which was on the table table, while drinking off and drinking in the table table; (ii) stated that the Defendant’s loss was teared by the Defendant’s display of the main disease; (iii) there was no other circumstance to suspect the credibility of the statement; (iv) the victim’s photograph and the written diagnosis of injury taken at the time corresponds to the victim’s statement; (iii) in light of the damaged parts and degree of damage confirmed by the victim’s investigation agency, the possibility of the victim’s injury was low; and (iv) the victim’s intentional injury was recognized as having caused the Defendant’s injury as stated in the facts charged, and thus, there was no reason to acknowledge the Defendant’s fault or injury as to the Defendant’s injury.

B. According to the record on the argument of mental disorder, even though the defendant was deemed to have drinking at the time of committing the instant crime, the defendant was investigated by the police on the day of the instant crime and stated that he was not drunk at the time of committing the instant crime.

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