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(영문) 창원지방법원 2017.04.13 2017노409

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking alcohol.

B. The punishment of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed each of the crimes in this case while under the influence of alcohol, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant lost or weak ability to discern things or make decisions.

The defendant's mental disorder is without merit.

B. We examine the determination of the unfair argument of sentencing, and it is recognized that the defendant reflects the defendant's wrong recognition of his/her fault.

However, considering the fact that there is a history of punishment, including imprisonment for a crime related to violence, several times of punishment, the crime of this case was committed during the period of repeated crime due to the same crime, the victims have not been agreed, and there is no change of circumstances to determine the age, family relation, economic situation, relationship with the victims, circumstances leading to and motive for the crime, circumstances after the crime, and all other matters concerning the sentencing as shown in the records and arguments of this case, the punishment of the court below is deemed appropriate.

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

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