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(영문) 대구지방법원 2018.11.29 2018노3751

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant was in a state of loss or mental and physical weakness.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental or physical loss and mental weakness, it appears that mental disorder such as proof of alcohol earned by the defendant has partly affected each of the crimes of this case. However, in light of the process and method of each of the crimes of this case, circumstances before and after the crime, etc., the defendant did not have the ability to identify things or make decisions due to the above mental disorder, etc. at the time of each of the crimes of this case, or had weak ability to do so.

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

B. The lower court sentenced the above punishment by taking account of the favorable circumstances, such as the following: (a) the crime of this case was committed without any reason, without any discrimination against the victim; (b) the act of this case was committed on several occasions, and the act of spitations, etc., which interferes with official duties of police officers who performed their duties; (c) the Defendant had the record of criminal punishment for the same kind of crime; and (d) the damage was not recovered; (b) the Defendant committed each of the crimes of this case; (c) the injured person was committed at the time of the crime of this case; (d) the injured person did not want the punishment of the Defendant; and (e) the mental disorder, such as the proof of alcohol that the Defendant suffered, seems to have had a significant impact on the crime of this case, respectively.

Unlike the fact that there is no change in circumstances to change the sentencing of the court below, and all kinds of sentencing, such as the age, sex, environment, health, circumstances leading to the crime, means and results of the crime, the scale and circumstances after the crime, etc., which can be known through records and arguments.