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(영문) 창원지방법원 2016.09.01 2016노1304

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant of mental disability is committed in a state of mental disability due to obsession.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of the crime of this case as to the claim of mental disability, it does not seem that the defendant at the time of the crime of this case had the weak ability to discern things or make decisions, and therefore, the defendant's assertion is without merit.

B. In full view of the judgment on the assertion of unfair sentencing, the defendant is against himself, the defendant is against himself, the defendant is obliged to support his family, but the degree of injury suffered by him does not make any effort to recover from damage even though he was able to support his family. In full view of the defendant's age, character and behavior, environment, circumstances leading to the crime, and all other matters concerning the sentencing specified in the records and arguments of this case, the defendant's argument is without merit, since it is judged that the punishment of the court below is appropriate.

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