특수상해등
The defendant's appeal is dismissed.
The costs of lawsuit by the court below shall be borne by the defendant.
1. The summary of the grounds for appeal is that the judgment of the court below which did not recognize it despite the mental or physical disorder at the time of the crime is illegal.
In addition, the sentence prescribed by the court of the court below (one year of imprisonment) is too unreasonable.
2. As to the assertion of mental or physical disorder, the fact that the defendant has mental illness, such as decentralization, depression, etc. may be acknowledged. However, the defendant was physically or mentally deprived or physically weak at the time of committing the crime.
It is not enough to recognize.
Defendant’s assertion is not accepted.
As to the illegal argument of sentencing, the defendant led to the confession of the crime, and the victims did not want the punishment of the defendant.
There is also a situation in which victims and their neighbors appeal their wife.
However, the criminal liability of the defendant is not against the law.
The upper part of the knife victim D is not weak.
If the visit has seriously been broken down due to the diversity, the defendant is unable to refrain from it when the tendency of violence is explosion.
This type of repeated crime is disqualified for suspended execution, and there are several criminal records, among which three cases are the same crime of injury.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, Article 191 (1), 190 (1), and 186 of the Criminal Procedure Act.