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(영문) 인천지방법원 2017.11.24 2017노3633
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The lower court’s sentence (10 months of imprisonment, confiscation) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although it is recognized that the defendant was a drinking condition at the time of each of the crimes in this case, considering the background, process of the crime, and the defendant's behavior before and after the crime, it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental and physical disorder argument is without merit.

B. The court below acknowledged the defendant's erroneous assertion of sentencing, against the victim, and agreed with the victim at the time of the trial. However, considering the contents and circumstances of the crime using a deadly weapon, the degree of damage to the victim who is a disabled person, etc., the crime's nature is not weak. The court below seems to have rendered a sentence in consideration of the circumstances favorable to the defendant. In addition, considering the various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is too excessive and unfair. Thus, the defendant's improper assertion of sentencing is not justified.

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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