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(영문) 창원지방법원 2017.06.29 2017노1137

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The crime of this case committed by the Defendant with mental disorder was committed in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The punishment of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have committed the instant crime while drinking, considering the background of the crime, the process of the crime, the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant lost the ability or decision-making ability to discern things, or that it did not have reached a weak state.

The defendant's mental disorder is without merit.

3. We examine the judgment on the unfair argument of sentencing by the defendant and the prosecutor, the defendant's confession, the fact that the victim is not punished by the defendant in agreement with the victim, the defendant's health is not good, the defendant's appearance is favorable, and the defendant repeats the crime during the suspension period of execution due to the same kind of crime, the victim has been prepared to flick the body of the victim, and the defendant committed the crime in a planned manner by finding the victim's face part of the victim's face by preparing a brick to prepare for the body of the victim, which is very disadvantageous to the victim's body importance.

In full view of the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters pertaining to the sentencing as indicated in the records and arguments of this case, it is not recognized that the sentence of the lower judgment is too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

4. Thus, the appeal by the defendant and the prosecutor is justified.