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(영문) 서울남부지방법원 2018.11.13 2017노786
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with severe disabilities was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. In full view of the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s act before and after the instant crime, the circumstances after the instant crime, and the Defendant’s reputation amount, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical weakness, even though it was found that the Defendant had considerable drinking at the time of the instant crime, but had lost or weak ability to discern things or make decisions.

As such, the defendant's above assertion cannot be accepted.

B. The court below's punishment is appropriate in full view of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as various kinds of conditions of sentencing as shown in pleadings, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., in light of the following: although it is acknowledged that the defendant had no record of criminal punishment in the Republic of Korea; however, in light of the contents and methods of the crime of this case where the defendant injured the victim with a knife, which is a dangerous object at home during fighting, and where the defendant injured the victim, the quality of the crime of this case is not very good; and the court below seems to have sentenced to suspended sentence for six months, which is the maximum amount of imprisonment with prison labor, considering the circumstances favorable to the defendant. Thus, the above argument by the defendant is without merit.

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

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