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(영문) 대전지방법원 2014.09.03 2014노1574
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (mental disorder and unreasonable sentencing)

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was under the influence of drinking alcohol to a certain extent at the time of committing the crime is deemed to have not been in a state of lacking the ability to discern things or make decisions at the time of committing the crime, in full view of the background leading up to the crime, means and methods of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime.

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

B. We examine the argument of unfair sentencing, and find the favorable circumstances such as the defendant's confession of the crime of this case and reflects his mistake, the defendant appears to have been given an opportunity to satisfy and satisfy the punishment's strictness through confinement life for about six months, the defendant has received medical treatment for alcohol existence, and there is a physical disability of Grade 6, the defendant has taken care of both children in an difficult environment after his house in 24 years before his house, and the defendant has taken care of them alone in an difficult environment after his house, and the defendant is living in good faith.

However, in this case, on the ground that the victim, who is an apartment, paid the loan to the neighbor, caused the head of the victim to drive away from the apartment, and the nature of the crime is not good. As a result, the victim, who caused the cerebral blood, performed cerebral surgery and received a long rehabilitation treatment thereafter, and the defendant denied his/her crime before the prosecution was investigated three times, did not request the letter to the victim, and did not agree with the victim until the trial was held.

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