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(영문) 춘천지방법원 2018.10.19 2018노148
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the fact was knife after the victim took time.

B. At the time of alcoholing, the Defendant was in a state of mental and physical weakness.

(c)

The punishment sentenced by the court below is too unreasonable.

2. Determination

A. The Defendant asserts that a mistake of facts was alleged in the appellate trial, and the Defendant is disputing the facts of the crime.

According to the results of the examination of evidence by the court below, the police officer sent to the scene of the crime showed the knife of the victim, and the victim stated to the purport that the defendant is a knife used for threatening and assaulting himself, and the victim "the defendant scife the victim by drinking, knife the victim, and knife the victim by telephone

The defendant, while knife, died of a sound knife and discarded.

A. It is recognized that the statement "" was stated as "as it was".

According to the statements made by the victim, it can be recognized that the defendant used a knife and caused the injury of the victim.

The defendant's assertion of mistake is not accepted.

B. In light of the background leading up to the instant crime, the means and methods of the commission of the crime, and the circumstances before and after the commission of the crime, etc., the Defendant had the weak ability to discern things or make decisions at the time of the instant crime.

There is a lack of view and there is no other material to recognize the mental disorder of the defendant.

The defendant's mental disorder is not accepted.

(c)

There is no significant change in circumstances after the judgment of the court below regarding the unfair argument of sentencing.

Examining the conditions of sentencing and the reasons for sentencing indicated in the records and changes in the instant case, even if considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair due to the lack of sentencing.

. The defendant-appellant.

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