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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.11 2015노5341
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. It appears that the defendant was somewhat under drinking alcohol at the time of the crime of this case. However, considering the circumstances leading to the crime of this case, the means and methods of the crime, the defendant's act before and after the crime of this case, etc., it does not seem that the defendant had the weak ability to discern things or make decisions at the time of the crime. Thus, the above assertion is without merit.

B. There are extenuating circumstances such as the Defendant’s confessions and reflects on the assertion of unfair sentencing.

However, the crime of this case is not likely to be a crime of assaulting a police officer who properly conducts official duties while under the influence of alcohol, causing an injury and damaging another's property twice or more.

In addition, considering the fact that the defendant had been punished for the same kind of crime in recent years, the fact that there is no agreement with the victims except for the victim Q, and other various sentencing conditions, such as the defendant's age, character, conduct, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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