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(영문) 창원지방법원 2019.10.10 2019노1410

존속상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Mental and physical disorder was suffering from diseases, such as depression, depression, etc., but at the time of the instant crime, the Defendant was in a state of mental disorder or mental and physical disability under the influence of alcohol at the time of the instant crime. (2) The sentence sentenced by the lower court of unreasonable sentencing (two years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, although it is recognized that the Defendant had symptoms, such as depression, depression, etc., and the Defendant had drinking alcohol at the time of the instant crime, the Defendant did not have the ability to discern things or make decisions due to such symptoms, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the crime.

It does not seem to be in a state or weak.

Therefore, we cannot accept this part of the defendant's assertion.

B. The fact that the Defendant appears to reflect and repent his mistake, and the fact that the Defendant’s decision on the assertion of unfair sentencing by the Defendant and the prosecutor is able to do so in the future is favorable to the Defendant.

However, considering the fact that the degree of injury inflicted by the defendant not only is somewhat minor but also the act of inflicting bodily harm on the mother itself is highly likely to be subject to criticism and thus, it is necessary to impose a sentence corresponding to that of the defendant, that the defendant had been punished for two years of probation in October on the ground that he/she committed assault against the father and her mother during the suspension period, and that the crime of this case was committed again during the suspension period, and other circumstances such as the defendant's age, character, character, environment, family relationship, and the scope of recommended punishment according to the sentencing guidelines of the Sentencing Commission, the sentence imposed by the court below appears to be reasonable within the reasonable scope of discretion.