(영문) 대구지방법원 2017.10.25 2017노3976 | 리걸엔진

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(영문) 대구지방법원 2017.10.25 2017노3976

특수상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of committing the instant crime, was physically and mentally weak enough to discern things or make decisions.

2) The sentence sentenced by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the Defendant’s mental and physical weakness, the Defendant was found to have committed the instant crime while drinking alcohol and drinking alcohol dependence, but considering the circumstances leading to the instant crime, the method and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant crime. Thus, the above assertion by the Defendant is without merit.

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

The crime of this case is an unfavorable circumstance, such as the following: (a) the victim was injured by breaking the victim's hyke and face by penting the victim's hyke face; (b) the crime was committed in light of the details and methods of the crime, and the part of the injury; (c) the crime was not recovered; (d) the victim was not provided with a letter; and (e) the defendant was punished for multiple violent crimes.

On the other hand, the fact that the defendant recognized all of the crime of this case and reflected, and that the defendant received hospitalization with alcohol dependence and depression, etc., which are not good health is favorable.

The above circumstances and all other sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances leading to the crime, and circumstances after the crime.

유사 판례

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