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(영문) 서울중앙지방법원 2016.11.11 2016노3319

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes with mental disability, the Defendant was under the influence of alcohol in a state of lacking the ability to discern things or make decisions, under the circumstance where the Defendant was under treatment with a mental disorder or depression.

B. The punishment of the first instance court of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the first instance court on the claim of mental disability, the defendant is deemed to have served alcohol at the time of each of the crimes in this case, but in light of the circumstances leading up to each of the crimes in this case, the method and method of each of the crimes in this case, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to yellow disorder and depression or drinking.

Therefore, the defendant's argument of mental disability is without merit.

B. Each of the instant crimes committed on the assertion of unfair sentencing is an unfavorable circumstance against the Defendant, such as: (a) the Defendant interfered with or damages property by avoiding disturbance at each restaurant of the victims; (b) assaulted the victim G, I, and J; (c) the victim G was injured thereby; (d) the victim G was inflicted an injury; (c) the relevant crime is not good in light of the frequency and contents of the crime; and (d) the Defendant again committed each of the instant crimes even though there was a history of punishment several times due to the same kind of crime, etc.

On the other hand, the fact that the defendant led to confession and reflects each of the crimes of this case, and that the victims do not want the punishment by mutual consent with the victims during the appellate trial is favorable to the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, environment, background and consequence of the crime, and the circumstances after the crime, etc., the first instance sentence is too unreasonable.