(영문) 춘천지방법원 2018.02.08 2017노1092 | 리걸엔진

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(영문) 춘천지방법원 2018.02.08 2017노1092

상해

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental or physical loss or mental weakness while drunk.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and methods of committing the instant crime, the circumstances after committing the instant crime, etc., it is not recognized that the Defendant, at the time of committing the instant crime, has lost or weak capacity to discern things under the influence of alcohol or make decisions, and thus, the Defendant’s assertion on this part cannot be accepted.

B. In particular, the Defendant was punished several times for the same type of crime, and the Defendant again committed the instant crime by being sentenced to six months of imprisonment with prison labor for the crime of injury at the Youngcheon District Court’s Young monthly support on November 8, 2016, even if the enforcement of the sentence was terminated, and again committed the instant crime. The instant crime was committed in a way that the Defendant committed an injury to the victim in a way that is dangerous for a provokings without any justifiable reason, and thus, the nature of the crime is not good, and there is no agreement with the victim, etc., that are disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include that the defendant recognized the facts charged in this case and divided his act in depth, that the degree of injury suffered by the victim is not large due to the defendant's act, and that the defendant's health condition and economic conditions are not good.

In full view of the various sentencing conditions indicated in the instant case, including the above circumstances, including the Defendant’s age, sexual conduct, environment, and circumstances after the commission of the crime, the lower court’s punishment is deemed unfair due to excessive reason.

Therefore, this part of the defendant's argument is justified.

3. Thus, the defendant's argument of sentencing is justified.

유사 판례

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