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(영문) 대전지방법원 2016.09.21 2016노1901

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to depression, etc.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it can be acknowledged that the defendant had been diagnosed as a polar disorder, impulse disorder, man, etc., but in light of the process, method and method of the crime of this case, the defendant's behavior and statement attitude before and after the crime of this case, etc., the defendant had no or weak ability to discern things due to the above mental disorder at the time of the crime of this case.

subsection (b) of this section.

B. As to the wrongful assertion of sentencing, it is recognized that there are favorable circumstances such as the defendant's consent with the victims that the victims did not want to punish the defendant, and that the defendant is starting all the crimes of this case.

However, the defendant, who is a dangerous object, caused a serious bodily harm to the victim, and thereby, was not less vulnerable to the degree of injury suffered by the victim, the victims seem to have suffered considerable operating damage due to the crime of interference with the business of this case, repeating violent crimes repeatedly within a short period, and the defendant had been punished several times for the same crime, and the crime of this case was committed during the suspension period of execution due to the same kind of crime. Accordingly, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and other sentencing conditions in the records, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable, even if considering that it was agreed upon by the appellate court and some of the victims after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

3. Conclusion.