beta
(영문) 부산지방법원 2012.09.12 2012노2243

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The sentence imposed by the court below on the defendant (the first crime: imprisonment with prison labor for six months, and the second crime in its ruling: fine of one million won) is too unreasonable.

2. Determination

A. It is difficult to view that the defendant's judgment on the claim of mental retardation was in a somewhat drunken state at the time of each of the crimes in this case, but it lacks the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant, and there are favorable circumstances for the Defendant, such as the fact that the Defendant has reached an agreement with the victim G, the Defendant has been subject to punishment several times for the same kind of crime. However, the Defendant repeatedly committed the same crime during the repeated period of repeated crime due to the same crime, the victim D did not take any measures to recover particular damage despite the degree of injury. Each of the instant crimes is due to the Defendant’s use of violence against neighbors without any particular reason, and its nature, character, age, environment, family relationship, relationship with the victims, motive, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed for lack of grounds.