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(영문) 춘천지방법원 강릉지원 2016.11.03 2016노403

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent and unreasonable sentencing)

A. The Defendant committed the instant crime while under the influence of alcohol.

B. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination of mental and physical disability, the defendant was hospitalized in the past under the name of alcohol dependence, and even though drinking was recognized at the time of the crime of this case, in light of the motive, circumstance, means and method leading up to the crime of this case, circumstances before and after the crime, etc., it cannot be acknowledged that the defendant was in a state of weak ability to discern things or make decisions due to such disease or alcohol.

The defendant's argument of mental disability is without merit.

B. There are favorable circumstances, such as the fact that the defendant recognized all the crimes of this case and the defendant agreed smoothly with the victim of special injury in the original trial.

However, considering the fact that the defendant has been punished several times due to the crime of violence (the punishment was sentenced five times due to the crime of violence in the last ten years), especially the fact that the execution of imprisonment due to the crime of injury, etc. has been terminated and released only one month in the month in which the crime of this case was discharged, the fact that the remaining victims have not yet reached an agreement with the other victims, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.