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(영문) 수원지방법원 2019.05.30 2018노8052

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is not deemed that the defendant has a lack or weak ability to distinguish things from alcohol at the time of the crime of this case, in light of the defendant's usual drinking, the amount of drinking alcohol by the defendant, the circumstances leading the defendant to the crime, the means and methods of the crime, and the circumstances after the crime.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime on the assertion of unfair sentencing is deemed to be considered in determining punishment in relation to the crime of fraud, etc. for which the judgment of the court below became final and conclusive, and the concurrent crimes under the latter part of Article 37 of the Criminal Act; the degree of assault against the victim D; the degree of injury inflicted upon the victim E is not significant; and the Defendant recognized the crime and reflected against the Defendant; however, the court below also seems to have determined punishment in consideration of all the above sentencing grounds.

In these circumstances, the crime of this case was committed by the defendant, while the first victim was committed, without any reason, and the nature of the crime was extremely poor, and the defendant was punished several times for the same kind of crime, and the defendant committed the crime of this case only about 11 months after he was discharged from prison after committing a special indecent act by force, etc., and the defendant did not take any measures to recover the victims' damage, and the victims were punished for the victims, and other motive of the crime is the defendant's age, career, character and conduct, environment, and motive for the crime.

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