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(영문) 청주지방법원 2015.07.16 2015노121
상해등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The judgment below

shall be dismissed, among others.

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged in the instant case, the lower court dismissed the prosecution on the charge of assaulting the victim D (2014 Highest 1801) and rendered a judgment of conviction on the remainder of the charges.

In regard to this, the prosecutor filed an appeal by stating the scope of the appeal as "total", but the grounds for appeal are stated only on the grounds of unreasonable sentencing as to the conviction part, so the prosecutor's appeal is determined only on the grounds of unfair sentencing in the judgment below

B. The lower court determined that the Defendant was in a state of mental disability with respect to “2014 Godan1476” as indicated in the lower judgment, and determined that “2014 Godan1801” was not in a state of mental disability.

In regard to this, the Defendant asserted mental and physical disability as to the whole facts constituting a crime in the judgment below as the grounds for appeal, but the prosecutor did not state any grounds for appeal as to the part acknowledged by the court below.

Therefore, as to the part of the recognition of mental disorder of "2014 Go-Ma1476" in the judgment of the court below, the defendant can be deemed to have been in a state of mental disorder at the time of committing the crime, but the decision of the court below concerning "2014 Go-Ma1801" in the judgment of the court below is examined as to whether the defendant

2. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental disorder due to mental illness at the time of committing the 2014 Highest 1476 as stated in the lower judgment.

B) At the time of committing the 2014 Highest 1801 Criminal Act, the Defendant was in the state of mental illness due to mental illness or mental and physical disability. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

3. According to the record of the judgment on the Defendant’s mental and physical disorder, the Defendant is not accompanied by the following: (a) a post-damage to the opening of the body; and (b) a detailed uncertainty is not accompanied by the fertility.

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