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(영문) 대구지방법원 2016.09.02 2016노2832
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, in light of all the circumstances such as the background, means and methods of each of the instant crimes, and the Defendant’s act before and after the instant crimes, it does not appear that the Defendant had no or weak ability to discern things due to drinking at the time of each of the instant crimes.

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

B. Although there are favorable circumstances such as the Defendant’s confession of each of the instant crimes and the victims’ failure to want the Defendant’s punishment, the Defendant was sentenced to a suspended sentence of imprisonment for six months on August 21, 2014 due to the crime of injury on the same kind of crime, etc., and the Defendant committed the instant bodily injury without being aware of the fact that the judgment became final and conclusive on August 29, 2014. On March 18, 2016, the Daegu Family Court issued a protective order of “40 hours of alcohol therapy and domestic violence therapy, an order to attend school for six months probation,” but committed the instant special injury, interference with business during that period, etc., and the Defendant’s age, character and conduct, environment, motive and consequence of the instant crime, the record and consequence of the instant crime, etc., without considering all of the circumstances presented by the lower court.

Therefore, it is true.

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