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(영문) 서울북부지방법원 2015.03.12 2015노81

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical disability by drinking at the time of stopping the crime 2 and 3 as stated in the judgment of the court below.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the circumstances before and after each of the crimes listed in the judgment of the court below, the circumstances leading to each of the crimes, the means and methods of each of the crimes, and the defendant's actions at the time when the defendant committed the crimes as stated in the judgment of the court below, it may be recognized that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of each of the crimes as stated in the judgment of the court below. However, the court below recognized that the defendant committed each of the crimes described in the judgment of the court below 2 and 3 in the status of having the ability to discern things or make decisions due to drinking, and recognized that the defendant had committed each of the crimes described in the judgment of the court below in the judgment of the court below as having the ability to discern things or make decisions due to drinking, and thus, mitigated the defendant's mental or physical disability as to each

B. Although the defendant's error of unfair sentencing is recognized, the court below already agreed with the victim D and F, and the defendant deposited KRW 700,000 to the police officer I who is the other party to the crime of obstruction of performance of official duties of this case for the first time in the trial, there are favorable circumstances for the defendant. However, the defendant has already been punished by imprisonment with prison labor, a suspended sentence of imprisonment and a fine for the same kind of crime, etc., and the defendant committed each of the crimes of this case without being familiar with the suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.).