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(영문) 창원지방법원 2020.04.09 2019노2435

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant committed each of the instant crimes in a state with weak mental and physical strength due to mental illness, such as depression, anti-competitive disorder, decentralization disorder, and fladism, and in a state with weak mental and physical strength.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disability, it can be acknowledged that the defendant had been under ex post facto medical treatment, and has been under the prescription of a mental and drugs, and that he was under drinking at the time of partial crimes among each of the crimes of this case.

However, considering the statement made by the Defendant at the investigative agency and the contents and circumstances of each of the instant crimes, the possibility that the Defendant’s mental illness had partly influenced the occurrence of each of the instant crimes cannot be ruled out.

Even if the defendant clearly memorys the situation at the time of partial crime, specific motive for each crime was found to have been normal at the time of crime. Thus, it cannot be deemed that the defendant did not have the ability to discern things or make decisions at the time of each crime in this case.

The defendant's above assertion is without merit.

B. Compared to the first instance court’s judgment on the assertion of unfair sentencing, there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The following facts are recognized and reflected by the Defendant, the Defendant’s friendly interest and the victim of special injury agreed with C, and the Defendant was receiving medical treatment due to depression, yellow disorder, etc., and the Defendant did not reach a state of mental and physical disability.

Even if the above disease appears to have affected each of the crimes of this case.