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(영문) 서울남부지방법원 2017.02.16 2016노2165

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case is committed under the state of mental or physical loss or mental weakness.

B. The Defendant has consistently followed the facts charged to the sentencing, and consistently contradicts the depth of the mistake.

The Defendant, while under the influence of alcohol, has lost self-defense and committed each of the crimes of this case.

The defendant did not properly use the bridge due to traffic accidents and did not work properly, and performed daily work accordingly, and he did not take his wife on the day of the instant case, and prevented the crime.

Whether the Defendant lost his job due to the detention of the case, although the Defendant was working on the day of the public notice board.

There is a concern about it.

Desiring to return as soon as possible one day and work again as the Secretary General.

After investigating the investigation, the defendant found the victim police officer to have committed the crime and knew that the case was completed.

Although the defendant did not want to recover from damage because of the lack of the defendant's right to seek assistance, if it is able to do so, it is a plan to recover damage by seeking assistance even if the president of the Gowon has thickness.

Considering these circumstances, it is difficult to request the defendant to punish the defendant as much as possible.

2. Determination

A. In light of the background leading up to the instant crime, the means and methods of the crime, and the circumstances after the crime, etc., it is not determined that the Defendant did not have or lacks the ability to discern things or make decisions at the time of the instant crime, and thus, the allegation about mental and physical disorder is without merit.

B. In full view of the circumstances favorable or unfavorable to the Defendant’s judgment on the unfair argument of sentencing, and other factors of sentencing, including the Defendant’s age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime was committed, and criminal experience, the lower court’s judgment.