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(영문) 인천지방법원 2015.03.27 2015노192
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was showing symptoms that could not easily drinke emotional or behavior upon the withdrawal of usual alcohol due to the proof of alcohol, and even at the time of the crime of this case, it is recognized that the defendant had drinking a considerable amount of alcohol at the time of the crime of this case, but in full view of the degree of drinking alcohol, the defendant's attitude before and after the crime of this case, it cannot be seen that the defendant was under the influence of alcohol and lacks the ability to discern things or make decisions, and thus, this part of the defendant's assertion

B. Determination on the assertion of unfair sentencing is accepted: (a) the Defendant deposited KRW 2.1 million for the victim C; and (b) the Defendant recognized the instant crime and against his mistake.

However, the above circumstances seems to have already been considered as sentencing factors at the court below, and the defendant committed the same kind of crime without being aware of the fact that he was sentenced to one year of suspension of the execution of imprisonment with prison labor for six months as a result of the crime of injury, and without being aware of the fact that he committed the crime inside the flight aircraft, which would pose a serious threat to the safety of majority passengers, and there is no particular change in circumstances that may be considered in sentencing at the court below, and there is no other reason to regard the defendant's age, character and behavior, environment, circumstances of the crime in this case, and results after the crime, and all of the sentencing conditions shown in the records and arguments in this case, such as the records and arguments after the crime, the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion

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