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(영문) 대구지방법원 2017.06.23 2017노1761

특수상해등

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 mental and physical loss or mental weakness.

B. The punishment of six months of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of each of the instant crimes, considering such circumstances, it cannot be deemed that the Defendant’s ability to discern things or make decisions at the time of each of the instant crimes was lost or weak, in light of the developments leading up to each of the instant crimes, means and methods thereof, the Defendant’s attitude and behavior before and after the instant crimes, and the circumstances after the instant crimes.

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

B. Although it is recognized that the Defendant recognized all the facts charged of this case and reflecteds his mistake, and that the sentence should be determined in consideration of equity with the case where the Defendant rendered a judgment simultaneously with the crime of special injury recorded in the column of criminal records of the judgment below for which the judgment became final and conclusive, the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was committed while being tried for the above special injury crime, the Defendant did not agree with the victims, and did not take any specific measures to recover from damage up to the trial, the Defendant has a history of criminal punishment for the crime of violence, such as one time of sentence, four times of suspended sentence, ten times of fine, etc., and the statutory punishment for special injury is imprisonment with prison labor for not less than one year, but not more than ten years, in this case where there is no other legal mitigation reason, the lower court appears to have sentenced the Defendant to the maximum sentence to be mitigated by means of the amount of punishment, taking into account the favorable circumstances as above against the Defendant, and the Defendant’s age, sex, family relationship, circumstances after the crime, etc.