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(영문) 수원지방법원 2016.09.28 2016노4559

특수존속상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime with mental and physical loss, Defendant 1 was in a state of mental and physical loss having no ability to discern things or make decisions due to the Compilation mental division.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the records on the Defendant’s assertion of mental and physical loss, even though the Defendant is deemed to have lacking the ability to discern things or make decisions due to the mental fission at the time of committing the instant crime, in light of all the circumstances, such as the circumstance leading up to the instant crime, method of crime, the Defendant’s behavior before and after the instant crime, the criminal investigation process, and the Defendant’s attitude in this court, and the fact that the Defendant was aware that his act of attacking himself at the time of committing the instant crime was likely to result in bodily and physical loss, it is difficult to deem that the Defendant, beyond his mental and physical weak condition at the time of committing the instant crime, has reached the state of physical and mental loss without the ability to discern things or make decisions.

Therefore, this part of the defendant's argument is without merit.

3. We examine both the defendant and prosecutor’s unfair argument of sentencing as to the defendant and prosecutor’s unfair argument of sentencing.

The defendant is the first offender, and the crime of this case committed in a state of mental and physical weakness is recognized and reflected, and the defendant actively treats his own mental illness in the future.

The victim D, who is a pregnant victim, does not want to be punished by the defendant, and all the relatives of the defendant want to be punished by the defendant.

On the other hand, the crime of this case is very poor because the defendant assaulted the grandparent, who is the lineal ascendant, with a dangerous article, and damaged property.

The Defendant, even before committing the instant crime, shall have his father paid money.