beta
(영문) 수원지방법원 2018.11.14 2018노5935

특수상해

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 with mental and physical weakness was in a state of mental weakness.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Although the record of determination on the assertion of mental and physical weakness is deemed to have a mental and medical record, the Defendant was in a state that the Defendant was unable to discern things or make decisions due to mental and physical disorder at the time of the instant case, in light of the situation before and after the instant case occurred, the details of the crime, etc.

It is difficult to see it.

This part of the defendant's assertion is without merit.

B. In light of the following, it is difficult to view that the sentence of the court below is too unreasonable in light of the following as a whole: (a) the defendant's erroneous determination of the sentencing is against himself/herself; (b) the defendant has a mental disorder; (c) the defendant has a mental and medical record; (d) the nature of the crime is not good in light of the circumstances, contents, etc. of the crime in this case; (c) the defendant did not agree with the victim; (d) the defendant committed the crime in this case during the period during which the crime of destroying property was suspended; and (e) the sentencing conditions indicated in the record, such as the defendant

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.